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HomeMy WebLinkAboutCC 2019-12-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, December 13, 2018 9:00 AM Planning and Zoning City Hall City Commission Francis Suarez, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes December 13, 2018 ORDER OF THE DAY CALL TO ORDER Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Reyes. On the 13th day of December 2018, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 3:24 p.m., and adjourned at 7:46 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 3:25 p.m. ALSO PRESENT: Francisco Garcia, Planning Director Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: (UNINTELLIGIBLE). Can you read into the record the procedures to be followed during this meeting? Victoria Mendez (City Attorney): Yes, Chairman. Thank you. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission may disclose any communications, pursuant to Florida Statute Section 286.011(5) and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may first state his or her name, his or her address, or what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be set forth in the Miami 21 Code and in the City Code, providing the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed any recommendation they may have. All persons testifying shall be sworn in. The City of Miami requires anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the City of Miami Page 1 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Hardemon: I'll let you go first, please. Francisco Garcia: Very well, sir. Thank you. For the record, Francisco Garcia, Planning Director. And at present, as far as the Planning & Zoning agenda is concerned, we are going to make a request for the continuance of some items; in particular, Items PZ.2 and PZ.3, which we request be continued to February 28; Items PZ.4 and PZ.5, which we request be continued to March 28. Commissioner Carollo: Excuse me, Francisco. Mr. Garcia: Sir. Commissioner Carollo: PZ.2 and PZ.3, until when? Mr. Garcia: February 28. Commissioner Carollo: Okay. And then PZ -- Mr. Garcia: 4 and 5, we are requesting a continuance until March 28. Commissioner Carollo: Okay. Mr. Garcia: In addition, we are requesting that Item PZ.14 be continued to February 28, at present. That's all I have at the moment, sir. Chair Hardemon: May I have a motion in accordance with the -- what was writ -- was stated on the record? Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Hardemon: Properly moved by Commissioner Gort; seconded by Commissioner Carollo. Any unreadiness in that? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion carries. Mr. Garcia: Thank you. Chair Hardemon: Mr. Clerk, can you read into the --? Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items -- any of today's Planning & Zoning items -- may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. City of Miami Page 2 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Chair Hardemon: Thank you very much. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Chair Hardemon: Now, this isn't every day that we have our Miami -Dade County Commissioners here with us. And so, I'd like to first give a warm welcome to our Commissioners that are here; Commissioner Barbara Jordan, of course; Commissioner Daniella Levine -Cava; and our newest Commissioner, Commissioner Eileen Higgins. So thank you so much for being here. And we're going to do things a bit out of the ordinary so we can allow some time certain and some -- another item with you all in reference -- to be moved along. And so, what I'd like to do first is this: I'd like to open up public comment for certain items; that is Items PZ.10, 11, and 12. So if you are here for public comment on Items 10, 11, and 12, this is going to be the time that you're going to be allowed to speak. However, I'd ask if the Commissioners would like to speak first that you take any of the two lecterns, and if - - I don't -- I'm not sure -- you just let me know; if not, you can wait, and whatever cue you have, I'll take. Please. Commissioner Daniella Cava: Good afternoon. My name is Daniella Levine Cava, County Commissioner, District 8, 111 Northwest 1st Street, Miami, Florida. Thank you very much, Chairman Hardemon, for this opportunity. And to all the members of the Commission, it's been many years since I've had a chance to speak before the City Commission. I don't think any of you were here; I'm not sure; that's how many years. I'm here in support of the item having to do with the inclusionary zoning. I -- no surprise to you that we have a housing affordability crisis here in Miami -Dade County; and, of course, especially in the City of Miami. In fact, most recently, a headline, we're the worst place in the country to be a renter, because the cost of rental is so high relative to the salaries. And so, we really have a very big challenge. It would take the average -- the person working at minimum wage, working 94 and a half hours a week to afford a modest one -bedroom apartment here in -- according to the National Low Income Housing Coalition's annual report. And we are the nation's fifth most unaffordable housing market; almost 50 percent of our households, or about 419,000, pay more than 30 percent of their income on housing, which is considered to be a reasonable amount. So this housing crisis impacts all walks of life; it's our seniors, our younger workers, those who are in the tech industry, graphic design, life sciences, education, and the arts. Really, it affects everybody, because it affects employers, as well, in being able to find a workforce. So, clearly, we need solutions, and we cannot depend on the Federal Government to bail us out of this one. So we have to come up with ways to address the housing crisis at the local level, and one of the most effective ways is to build housing right here, using local programs and local dollars. And inclusionary zoning has been proven to be a successful method in some critical parts of the country. We will be joining the ranks of the most innovative cities if we adopt this measure here in Miami -Dade County, and that will be part of a sensible Zoning Code that will affect all of us. So we hope that you will lead the way for Miami -Dade County, because you might know we don't yet have such a policy, despite best efforts of a champion here, Commissioner Jordan; and certainly, with my support. So we hope that you will play the lead. We're counting on you for your leadership, your vision, your courage that we can move this forward. And let me just add, this is the right time and the right place to step up, because it's a community that's just forming, and one where there's an opportunity to serve the local community, as well as to attract the new buyers, the new renters, the new businesses that we seek in the downtown area. So commendations to the Vice Chairman, Ken Russell, for bringing the item. And I hope we can have your support in the City of Miami. Thank you very much. City of Miami Page 3 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Eileen Higgins: Afternoon, everyone. My name is Eileen Higgins, County Commissioner for District 5, and in Commissioner Russell's district. So I'm really happy to be here today in support of an item that I wholeheartedly believe in, which is expanding inclusive zoning. It's a little deja vu, like for me, because I'm sitting here in front of you at the City of Miami Commission. But in 2016, I was sitting in front of the great Commissioner Barbara Jordan, also in support of inclusionary zoning countywide. And unfortunately, your County Commission at the time was not bold enough to try addressing our affordable housing crisis by looking at -- more deeply and more profoundly -- inclusionary zoning, particularly in large buildings in higher -density areas. So for me, I'm proud to be here today, and I'm proud, also, to have spoken up in support of this two years ago. I think this item is a great first step, and I'll tell you why. We all know that we do not have enough affordable and workforce housing. We've got lots of luxury housing out there, right? And so, we're doing a great job at making sure that developers can continue and should be able to continue building those sorts of units, but we haven't created an incentive system, nor a system of rules that encourages them and compels them to actually also build housing where regular people can live, right? Recent college grads probably have too many student loans than they need to have. They, too, are struggling to be able to pay the rents on their apartments. And as we all know, we don't have the highest paying jobs in this County. And so, working families struggle, particularly when homeownership is out of reach; and so, they, too, must rent an apartment. So for me and for our community, I'm really proud of you all for taking this item up so that we can begin to explore in one part of the City of Miami how we can finally develop, and develop smartly, for both investors and for our residents. So thank you so very, very much. I urge you all to support this item and to support it today. And I hope that one day, I can come back and pay you a little visit, and then I'll be able to stand here and tell you that the County has voted to do the same. Thank you so much. Chair Hardemon: Thank you. Commissioner Barbara Jordan: Good afternoon, Mr. Chair, members of the Commission. My name is Barbara Jordan, Commissioner, District 1, Miami -Dade County. I am so proud to be here with you today. In 2007, we passed our first voluntary inclusionary zoning workforce housing ordinance. And we all know what happened in 2008, so it's as if an ordinance was not there. You know, what makes it so difficult is having the incentives so that developers will come onboard. Many of you may have college -age students who come out of college, trying to find a place to live, and they end up coming back home, because they can't afford it. We are becoming so unaffordable in Miami -Dade County, and landlocked. So to have an opportunity to come up with creative ways to offer the kinds of incentives -- and I just think that it's commendable. Of course, we came back and tried to do mandatory again. Of course, that failed, so we had to end up revising our ordinance. And we do still have a voluntary program, but we do have more incentives. I think we can learn from you, Mr. Vice Chair, about the incentives that you're offering here. I would like to be able to proudly say that you've got the unanimous support of your Commission, and that the wisdom that has really prevailed in the City -- As a matter of fact, the Mayor was a part of our whole initiative when we brought back our inclusionary zoning workforce housing for the second time. So I know that the City of Miami is very progressive in doing something, and I just commend all of you for your efforts. Thank you. Commissioner Reyes: Thank you. Commissioner Carollo: Chairman -- City of Miami Page 4 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Mayor Francis Suarez: Mr. Chair -- Commissioner Carollo: -- Commissioner, can you stay up there one more second? I need for you to refresh my memory on something that you did a few years back. Chair Hardemon: Now this is the queen of the Commission. Commissioner Carollo: Well, I -- Chair Hardemon: I just want to make you aware of this. Commissioner Carollo: -- was going to say, "Chairwoman" -- Chair Hardemon: Okay. Commissioner Carollo: -- but I didn't want to get ahead of myself. A few years back, you presented an ordinance. Commissioner Jordan: A -- what? Commissioner Carollo: You presented an ordinance that -- it was -- if I remember correctly -- to require developers that if they were going to get extras, they had to put money aside for affordable housing. At the time, I think you didn't quite have the support, but I remember reading that. And I thought, "Gee, that's the way that we need to go." Can you refresh me on what you tried to do back then? Because besides this, this is what we need to do in Miami. And when I say, 'Miami," I'm saying, "the City of Miami," and I'm saying, "the County," both, because we got a lot of promise that if we give them another 50 percent in density, they're going to do so much affordable, so much work housing. And I don't know where it's at, but I'm just not quite seeing it. And then, they come up with all kinds of different amounts that they claim is workforce or affordable. And then, at least in the City's side -- you're different in the County -- we have no mechanism, not a single person that could really go out there and enforce it. So I don't want to be here, you know, like chumps, that we're giving all the extra floors to developers and we really don't get what we're supposed to get. Commissioner Reyes: Yes, sir. Commissioner Carollo: You know, I wanted to see if you could refresh my memory and let my colleagues know what your original plan was some years ago. Commissioner Jordan: Initially, I had visited Montgomery County, Maryland, and Fairfax, Virginia, and they had mandatory programs. There was never even a question about whether or not you would do affordable or workforce housing. And I tried to replicate that program. And we were able to create an Affordable Housing Trust Fund as a part of the ordinance that I sponsored. We have really gained quite a -- I think it's almost $7 million that's in that fund now, so that that fund can be used for individuals -- for developers who may want to pay off certain fees, or for people who want to buy homes and can't afford it. We have the board that's coming up with the regulations on how it's going to be used. But developers who choose to devel -- to voluntarily choose to develop and use our incentives, they build the extra units. But if they don't want to use the incentives and want to pay into the trust fund -- Commissioner Reyes: That's what I wanted to do. Commissioner Jordan: -- they can pay into the trust fund. City of Miami Page 5 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Chair Hardemon: Right. Thank you, Commissioner. Commissioner Carollo: Thank you. Commissioner Reyes: Thank you, ma'am. Thank you, and congratulations for having that initiative. And also, thank you for being here. It's a pleasure for us. But what you're saying is something that we have been stressing from that, and we've been asking for a long time. In lieu of participating for -- in this program, inclusionary program, they should be able to pay into the trust fund that will be completely, completely used for affordable housing. Commissioner Jordan: We also have as a part of that, however, that if you're creating a development -- Commissioner Reyes: That's right. Commissioner Jordan: -- and the development cannot go into a certain area that you must fill that requirement within two -- a two-mile radius -- Commissioner Reyes: I think we have -- Commissioner Jordan: -- with building affordable housing. Commissioner Reyes: -- to start working together on something similar. But I also have -- Commissioner Gort: Mr. Chairman -- Commissioner Reyes: -- and I'm going to -- since you're going to go and you're going to try to do something similar at the County level, I am very concerned about what is called "affordable." Commissioner Jordan: What is affordable? Commissioner Reyes: Yes. What is affordable? It all depends where you are, the AMI (area median income), from the -- that -- which is used for Miami -Dade County from HUD (Department of Housing and Urban Development) is over $50,000. The AMI in the City of Miami is $35, 000. And we are working, and I requested that we work on a scale how we can work and make it real affordable, because I would say in my neck of the wood and right in some areas of Flagami, it's not even $30,000, and it also -- or in Liberty City, it's not even $30,000. Commissioner Jordan: If your AMI in the City of Miami is 75,000 -- Commissioner Gort: No. Commissioner Jordan: -- is that what you're saying? Commissioner Reyes: No. An AMI for the County, which is the one that is used -- it is what -- it is used by some of the developers when they are determining what kind of rent they're going to use. Chair Hardemon: So basically, there are people who have AMIs in Miami -Dade County where, if you were living in the City of Miami, to live there, for workforce housing, they could go as high -- the people can have incomes as high as $75, 000. Commissioner Reyes: Yeah. City of Miami Page 6 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Chair Hardemon: And so, in the City of Miami, it's really out of whack, so -- Commissioner Reyes: We are out of whack. Chair Hardemon: -- the Commission has been very adamant about -- again, I think we're probably going to have it soon -- creating a scale where, when we measure AMI, we don't use the County's standard; we use the City's standard, because it's lower. So he's doing -- Commissioner Jordan: Commissioner -- Chair Hardemon: -- some amazing things with that. Commissioner Reyes: In order to really, really be offering affordable housing, because -- Chair Hardemon: Commissioner Gort. Commissioner Gort: Okay. We -- you need to create the incentive. We built an apartment building, 170 units on Southwest -- Carollo's district now -- 9th Street and 1st Avenue, a block away from Brickell -- two blocks away from Brickell,• one from South Miami Avenue. We have 100 unit real affordable, and 70 at the market rate. Right now, there's a waiting list on both of them, and I think that is the way to go. But the reason we're having to do this, because of tax credits. So we had to bring lot of different funding together in order to do that, because a developer -- let's face it -- they need tax credit. They need some kind of credit to make it possible. Commissioner Reyes: Yeah, yeah. You're absolutely right. Commissioner Gort: So we been working on it. Commissioner Jordan: I visited affordable housing in the City of Miami off Brickell -- on Brickell. I have never seen a development so beautiful. And I think the developer is here. The first 15 stories is affordable; the top 15 stories, market rate. In your City, it can be done where you have affordable housing and market rate housing in -- together in the same development. And if the developer is here, they can probably tell you about it. But I was so -- I was admiring so much what had been done, because no one can tell the difference of who lives there. Commissioner Reyes: Right. Commissioner Jordan: So I just want to commend you -- Commissioner Gort: That's the way to go. Commissioner Jordan: -- for being open to workforce housing and inclusionary zoning, because it can make a difference for our future. Chair Hardemon: Thank you, Commissioner. Commissioner Gort: Thank you. Vice Chair Russell: I don't want to interrupt public comment. I just want to thank you for your leadership on this subject and for passing the torch, and supporting us in doing so, as well. Thank you all, to all the County Commissioners who are here. City of Miami Page 7 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Reyes: And I'm looking forward working with you guys. Mayor Suarez: Mr. Chair? Chair Hardemon: Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. I just want to say, sort of to piggyback off what Commissioner Levine -Cava said and Commissioner Higgins; and certainly, Commissioner Jordan. This is the right time, but it's also the right place and the right way to do this. Creating this package of incentives through zonification [sic] is one of the most effective ways to create a path to prosperity as Commissioner Jordan was saying. We did create -- probably the first in this State -- a mixed -income housing project in the City of Miami when I was a Commissioner. Some of the statistics are pretty shocking. We are 42nd in the worst -- of 50 of the worst cities in America in terms of an income -- in terms of our income disparity. We have -- the national average -- and our AMI calculations -- even though our home averages are significantly higher than the national average in terms of prices, our income is significantly less. Commissioner Reyes: That's what I'm saying. Mayor Suarez: We have a dual problem. We have properties that are more expensive than the national average, and our incomes are significantly less than the national average. And so, when I was a Commissioner -- and I got here in 2009 -- I remember -- it reminded me of an "In Living Color" -- I don't know if you guys remember that show, "In Living Color." Chair Hardemon: Of course. Mayor Suarez: It reminded me of an "In Living Color" episode, where I wanted to create affordable housing -- I think we all do -- and I said, "But we have no money." And so, we created an entitlement package that brought about 1,500 -- about a thousand units of affordable housing in one tax credit cycle. And so, I agree with what Commissioner Gort said. We have to work through the tax credit process. I agree that, Vice Chair, we have to be creative and utilize creative zoning. And I agree, you know, with Commissioner Reyes, Commissioner Carollo; have had very good ideas; the Chair, of course. We all want to do what's right. And so, I think this is what's right, in the right time, in the right place, and in the right way. So I support this. Thank you, Vice Chair. Chair Hardemon: Thank you. All right. So I'll repeat. We'll open up the public comment period for Items PZ.10, 11, and 12. Is there anyone from the public that'd like to speak on those items; on 10, 11, and 12? You're recognized, ma'am. France Francois: Thank you, Commissioners, for recognizing me. My name is France Francois. I am the Policy Director at Catalyst Miami. I am standing here before you today as one of those young professionals that you hear about that can't afford to live in Miami. I had a full career elsewhere, I also owned a home, and moved back to Miami and found that I had to actually move in with my mother, and commute two hours to and from to get to work every day. So I, like many other people here, am very, very exciting -- excited to see this affordable housing measure come before you. However, I want to see that this measure remains permanently and actually affordable for the people that live right here. Part -- a portion of this affordable housing covers Overtown, and we know that the average market rate -- the average income for someone in Overtown is $14, 000 a year; yet, the average market rate for an apartment in Overtown is $1,200. That's not affordable right now. And even if we include workforce housing in that, that's still unaffordable for City of Miami Page 8 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 most people in Overtown. So when we're talking about making this actually affordable housing, I think I'd like to see that you guys include income restrictions on these units that match the actual needs of the communities that we aim to serve. Also, it's important that we prioritize Overtown residents for the affordable housing in Overtown. This will allow people in Overtown to take -- participate in all of the economic opportunities that are taking place in the City of Miami, which include quality jobs, quality schools, and amenities like green space and libraries. I also would like to support the proposed amendment to the SAP (Special Area Plan), which is PZ.14, and ask that you guys take a serious look at that measure, because it increases the income -restricted housing to 20 percent. And finally, I also ask that we're -- was that for me? Okay, that was for me. So I have a long list to ask, but in general, I do support this. We, as a community, support this, and I just ask that we make sure that it's affordable for the people of Miami, and that it's permanently affordable. Thank you. Ijamyn Gray: How y'all doing today? All right. My name Ijamyn Gray. I represent Coconut Grove. I'm here on -- to talk about PZ.12. Commissioner Gort: Bring the mike up. Mr. Gray: I'm here to talk about PZ.12, and affordable housing. When you say, "affordable housing," who is it affordable for? I was once displaced from Coconut Grove from the hurricane, and getting housing right now is getting very difficult. The rent is so high. It's 1,500, $1,200 for one bedroom, and et cetera. When we have families that's making less than $30,000 a year, and they also single parents, how are they going to be able to afford the affordable housing? Another question that I need to -- wanted to raise was also, when you say, "affordable housing," does that mean mixed -income houses? Because -- and technically, that's what we're going to be building, is mixed -income housing. And when you come down, it's only going to be like 2 percent of the people -- I mean 2 percent of the mixed -income housing will be affordable -- will be put down for ELIs (extremely low incomes). All right, thank you. Chair Hardemon: Thank you, brother. Meena Jagannath: Good afternoon. Meena Jagannath, Community Justice Project. I'm speaking in support of PZ.12, as I think it's a good first step; still quite limited, but I hope that more such measures will be advanced to make this more comprehensive. I just wanted to echo some of the conversation that's happened already about the importance of using median household income for the census tract in which the development is being proposed. While it's a good thing that 80 percent AMI or below is incentivized by the bonus structure in this particular ordinance, I think that, as Commissioner Reyes proposed, the scale, you know, that tracks with the City median income is important. And the formula, actually, that was proposed in the deferred PZ.14 item on SAPs, I think, is a good one to follow. I just want to take my remaining time to register support for a couple other things. PZ.13, attainable workforce housing, I think it's a good first step to incentivize ELI, extremely low-income housing, and it's a good thing to provide minimum square footage for housing units. And I'm not sure if you've already taken up FR.5 on covenants for affordable or workforce housing, but I think that's also an important step to ensure that those covenants are enforced. Thank you. Chair Hardemon: Thank you. Seeing no other persons here for public comment, I'm going to close public comment for items PZ.10, 11, and 12. Later... City of Miami Page 9 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Chair Hardemon: So right now, we have Items PZ.1, PZ.6, PZ.7, PZ.8, PZ.9, and PZ.13 that are still on the Planning & Zoning agenda. Thanks so much. If you are a member of the public and you came to speak on any of the rest of the PZ (Planning & Zoning) items, PZ.1, 6, 7, 8, 9, and 13, now is your opportunity to do so if you're a member of the public. So if you're a member of the public and you want to speak on any of those items, please approach any of the two lecterns. State your first name, your last name, your address, and please tell us which item it is that you're speaking about. Is there a member of the public? Seeing none, we will close the public comment period at this time. Okay. Commissioner Gort: No public comments? Chair Hardemon: No public comment on the PZ items. Commissioner Gort: Good. PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PZ.1 ORDINANCE First Reading 4856 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T6-8-L, "URBAN CORE — LIMITED," TO T6- 12-L, "URBAN CORE -LIMITED," OF THE PROPERTIES LOCATED AT APPROXIMATELY 4865, 4875, AND 4885 NORTHWEST 7 STREET MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND ACCEPTING THE VOLUNTARY DECLARATION OF RESTRICTIVE COVENANTS PROFFERED BY THE APPLICANT, ATTACHED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PZ.1, please see "Public Comment Period for Planning and Zoning Item(s)." Chair Hardemon: So what should we do? Commissioner Gort: PZ.1. Chair Hardemon: PZ.1. You're PZ.1 ? Miguel Diaz de la Portilla: I'm PZ.1. City of Miami Page 10 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Gort: Mr. Chairman? Chair Hardemon: Yes. Commissioner Gort: I'd like to make a Jennings disclosure. I, as a City Commissioner, met with Miguel Diaz de la Portilla and Mr. Martin, both father and son, and many of the Weiss family, and many of the residents in the different area, and I heard from both parties. My decisions are solely based on the written records and the testimony presented in the public hearing today. Chair Hardemon: Thank you, sir; it's duly noted. We're on PZ.1. Madam City Attorney, it's an ordinance. Can you read it into the record? Victoria Mendez (City Attorney): PZ.1. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: You're recognized. Commissioner Reyes: I want a Jennings disclosure. I met with Mr. de la Portilla, and I want to make -- everybody knows that we met. Mr. Diaz de la Portilla: Thank you, Commissioner. Commissioner Carollo: (UNINTELLIGIBLE). To the best of my recollection, maybe a couple of months ago, whenever this first started, Mr. de la Portilla spoke to me briefly on this item. I really don't remember what the heck he spoke to me about at the time, so for whatever it's worth -- Unidentified Speaker: No objection. Commissioner Carollo: -- it's on the record. Chair Hardemon: Now the applicant is Mr. de la Portilla, right? So I'll let you begin, sir. Mr. Diaz de la Portilla: Thank you, Mr. Chairman; and thank you, Commissioners; Commissioner Gort and the rest of the City Commission. My name is Miguel Diaz de la Portilla. I'm an attorney with Saul Ewing Arnstein and Lehr, 200 South Biscayne Boulevard, 36th Floor, Miami, Florida, and I'm here on behalf of Mrs. Caroline Weiss, 7 at Blue Lagoon 1, LLC (Limited Liability Company), and 7 at Blue Lagoon 2, LLC, and we are the applicants. You may recall from the last time that we were here that we were here asking for a rezoning from T6-8-L to T6-12-L. You may also recall that the last time we were here, it was made emphatically clear, not just by me, but also by your very own Planning Director and your very own staff that our request does not seek a density increase of a single unit over what we are allowed by right. It was also made abundantly clear, not only by our presentation, but by your very own staff that our request does not entail a single increase in FLR (floor/lot ratio); that the sole purpose of the request is simply to attain three additional stories in height. Why? Because under the existing T6-8-O, you can go up to 12 stories. Under the request or the requested rezoning of T6-12-L, theoretically, you could go up to 20 stories. But we are agreeing by a voluntary covenant that runs with the land that is binding to go no taller than 160 feet, which is 15 or 16 stories, which happens to be exactly the height of the building immediately to our west, abutting our property, which is the building that is being represented by council for the objectors, which is the Blue Lagoon Condo Association Building. And if -- on a (UNINTELLIGIBLE), just to underscore those points, again, I want to make it City of Miami Page 11 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 abundantly clear. The purpose of the request is you can either have taller, slimmer, more streamlined buildings, with a better site plan, with more green space, with more open space, with better views in relation to the lagoon, to the water, or shorter, bulkier buildings. The density is the same. And this property, the applicant's property has the same density of 150 units per acre that the good folks at Blue Lagoon have; that the people to the south, to the east, and to the west have on their properties. In fact, at one point, they all were R4, under the old Zoning Ordinance, and they have maintained and all have 150 units per acre density. And so, again, our request does not seek to add a single unit of density, doesn't seek to add a single extra square foot over what is currently allowed under the current T6-8-L; it's simply to be able to obtain those additional three stories, which happen to be exactly the same height that many of the buildings in the area have and that, specifically, the Blue Lagoon Condo Association Building next to us, which is here objecting, has. And so, let me just pull the chart real quick and grab a portable mike. Again, to underscore the point, under the T6-8-L, which is the zoning that the property currently has -- And by the way, parenthetically, the property was, in essence, down -zoned when Miami 21 was adopted to the T6-8-L, which is why the buildings -- and a good number of the buildings in the area are 160 feet, or the 15 or 16 stories. So currently, under the T6-8-L, the allowed FLR, a million -five, and with bonuses, you can get to a million -eight; 1,878,831 square feet; that's under the existing current zoning; that's without any change today. What we're proposing is 1,647,465 square feet, which is approximately over 200,000 square feet less than what we can do under the existing current zoning. Under the T6-12-L, of course, you could go up to 2.4 million square feet; and with bonuses, larger than that. We're not seeking that. Again, it's been made abundantly clear by us and by your staff that what we're trying to do is simply attain three stories in height; not a single extra unit than the ones we can build today under the existing 150-unit-per-acre maximum, and not a single extra FLR over what is allowed under the T6-8-L. And so, to get to the other part of this, so in exchange for this modest request -- and it's modest, because, again, the density is exactly the same as what we're allowed. The FLR is actually lower than what we could do without coming before you -- we are trying to get just the three additional heights that are compatible with the built environment, compatible with our neighbors. And in exchange for that, all we're seeking -- all we're -- in exchange for what all we're seeking, we're giving a very generous Public Benefits Program; a very generous Public Benefits Program, and I'll talk about it. There was a lot of discussion earlier today about the ability to create jobs in the City of Miami, to have employment available, to have workforce or affordable housing available, and there was a lot of discussion throughout the day today on this. Well, our project, not only will it expand the tax base in the City of Miami and pay significant property taxes to the City of Miami, which can go to services in the City of Miami, but will also create, at the very least, 500 temporary jobs and 500 permanent jobs in the City of Miami. In the covenant that you have before you, which, again, is entirely voluntary -- we do not have to give a covenant; we're not obligated to. In the voluntary covenant that we have before you, we are committing to making sure those jobs are within the five zip codes where the project is located. That means the Flagami area; that means the Blue Lagoon area; that means the surrounding neighborhoods. The people who live in those neighborhoods will have preference in terms of the jobs that we are creating, and that is in the covenant that is before you. It's in writing, it's binding, it's a contract. It's called a Declaration of Restrictions, and it runs with the land. We are committing to 53 affordable housing units and 84 workforce housing units. Now, I understand there's discussion on what that means. Ultimately, you will continue to define and you will probably and eventually will be going citywide to City AML And again, by the time this project is ready to break ground, your new standards for workforce and affordable housing, as well as your enforcement mechanisms will be in place, because the buildout is not until 2023. I have full confidence in this City Commission that you will have the needed adjustments to affordable and workforce housing, and AMI in place way before then. City of Miami Page 12 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 So you're talking about creating housing for the very people that everyone in this community, both on the dais and on the other side of the dais are concerned about. We are contributing $150, 000 in improvements to Antonio Maceo Park, and that -- those $150,000 will go to a program that the City has called Crime Prevention through Environmental Design. Why? You can either have your parks as a place where children and families and communities can gather and get together, or at a place where people who are dealing drugs and committing crime can hide. By investing $150,000 that this fine lady, Mrs. Caroline Weiss, with a long history and track record of charitable and community participation in our community, in Miami - Dade County has, those $150,000 will go to improve the design of the park, the infrastructure of the park to make sure you have families and children, and people interacting with their neighbors in the park. In addition, $60,000 are committed by this very Declaration of Restrictions for playground equipment, new playground equipment for the park; an additional $20,000 for an Art for Seniors Program in Antonio Maceo Park. We are committing to provide a trolley stop on our site, contributing to mass transit in the City, and pay for it, and that's in the covenant; a narrator for the lagoon to improve the water quality of the lagoon -- of course, in the area that is under the control of the property owner; $5,000 each for arts programs for Henry Flagler Elementary; and for Kenloch Middle, another 5,000; project art fronting Blue Lagoon, internal to the project -- to the property, and facing Northwest 7th Street; $50,000 to the City's Art in Public Places Program; and $10,000 for "welcome" signage. So that's the Public Benefits Program. But I want to talk a little bit about ingress and egress to the property, and I think that that is a very important thing, because there was a lot of discussion about that at the last meeting that we had here before the City. And so, what you see here is a plan. Orientation for you is north is in the direction that I am pointing, Northwest 7th Street, which is a minor arterial in your City, in the City of Miami Comprehensive Neighborhood Plan; meaning this, Northwest 7th Street is a major street in the City of Miami. A minor arterial is a classification; it's not a local road or a neighborhood road. That street, by the way, in your Master Plan -- and you're the policymakers. You make the Master Plan, you put together the Master Plan, you vote on the Master Plan -- that is a policy document that you, as the policymakers in the City create and amend, and so forth. But your Master Plan has established a Level of Service Standard for this road -- an LOS (level of service), as it's called -- level of service, and they're graded like in school, "A," "B," "C, " "D," "E." You have set -- "F" -- a Level of Service Standard at "E" plus 20 on this road; that's the standard. It's currently operating, according to our traffic engineers, and verified with the staff, at a Level "D," and you will hear from Mr. Mark Kline a little bit. And I will posit to you and submit to you -- and Mr. Kline will speak to this a bit -- that with our project being built out, the level of service on Northwest 7th Street doesn't drop below the current level of service on the street; meaning, it stays within the adopted level of service for that street. Now, let's talk about ingress and egress into the property. Let's call this off at Northwest -- this driveway off of 7 -- Northwest 7th Street -- the driveway. The driveway runs north/south, and then it turns to the west -- or to the left -- and runs east/west. This property, exactly where this driveway is, is owned by Mrs. Caroline Weiss and by the applicant's entities. This is their property. The objectors have an easement that allows them to use our property to access their property, which is to the west. So we own the property. They have a right to use our property to get to their property. That right is a non-exclusive right, and there isn't a single document of record that anyone can produce here today that says anything other than "non- exclusive." It's a non-exclusive easement -- in other words, permission -- that the objectors have to use our property to get to their property. There is nowhere in law written that that allows them the right to exclude us from using our property to get to our property any more than if I have property that I own and Commissioner Gort or Commissioner Russell or Commissioner Reyes lived next door, and they go through my property to get to theirs. They can't keep me from going through my property to get to mine. What's more, your City Code has a very wise provision, and your City City of Miami Page 13 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Planning Director can talk about this, which prohibits a property owner from being landlocked. So nobody on the planet -- not the Blue Lagoon Homeowners Association, not anybody else -- can prevent us, the owners of this property, who have the same density that they do, who have the same property rights that they do, here in the USA (United States of America) -- Miami, USA -- to use our property, to access our property, or to landlock, us or keep us from accessing our property. And just think about it. It's all fact; and it's common sense, as well, because if that were possible, then if somebody gets there first and they build first, then they could say, "Oh, sorry, can't use your property. You can't get to your property. You're landlocked" Well, your City Code prevents that; doesn't allow that. So over this property that we own, over which they have an easement, a non-exclusive easement, currently, there is one lane in and one lane out on the north/south portion of the driveway; meaning, cars come in off of 7th Street. We have one way in, and they stay one way when they make the left turn and head west. And when they get a certain distance from the guardhouse at the Blue Lagoon Condo Association, it splits into a couple of lanes; one for visitors, and one for homeowners at the Blue Lagoon Condo, further west, off of this map. When they're exiting the Blue Lagoon Condo, they use our property, over their easement on our property; one lane, one lane all the way east. Then they make a turn to head south, and there's one lane to come out onto Northwest 7th Street, one lane. So if you're currently there at the Blue Lagoon Condo and you're leaving the condo, you have one way out, one way in. And on the way out, if you happen to be behind a car that's making a left turn and you're making a right turn onto 7th Street, you have to wait and wait and wait, and the queues get longer; although, we'll talk about the current queues and we'll talk about the queues -- meaning, the length of cars waiting -- with the improvements a little bit later. So what we're proposing to do to address ingress to our property, after it's built out and developed, is to add an additional driveway on the way out. So you have two lanes coming out onto 7th Street; one to make a left turn, one to make a right turn. So if you want to make a right turn, you don't have to wait behind the car, the lady or man in front of you to make a left. You can just go on the right lane and make a right, traffic permitting. You look and you make your right turn. So you have an extra lane to exit. And then, on the way in, as you head east/west -- or rather west -- there's an additional lane that we are proposing to allow access to an internal network of roads that Blue Lagoon -- the 7 at Blue Lagoon Projects have as part of their proposed plan. So those two improvements -- and our traffic engineer will talk specifically about this -- accommodate and allow for access to our property of the people who will be living and working on our property; those additional two lanes. Parenthetically, I will tell you that the easement that they have is 40 feet wide. They're currently using only 30 feet of those 40, and there are monuments and plants, and things in the other 10 feet, which means that those monuments and plants, and things, of course, are not -- are blocking space that could be used for access, which we propose to then have those lane improvements to have access. And, of course, our plan will entail, and has to entail landscaping of the perimeter, monuments and the like; and, of course, replacement of all monuments and improvement over the current, somewhat dated signage that you have there now, to something that -- it will be a very, very, very nice signage that would identifr all the communities; all the communities that are accessed through this driveway over Mrs. Weiss' property. And that includes Blue Lagoon Condo Association; and, of course, the 7 At Blue Lagoon Project. And so, again, our traffic engineer is going to elaborate on this, and he will introduce himself in a second -- or I'll ask him to introduce himself. But with the improvements that we're proposing, what happens is that the speed of movement of cars exiting the property at buildout of the Blue Lagoon -- of the -- I'm sorry -- of the 7 at Blue Lagoon Project -- meaning of Mrs. Weiss' project -- the travel times are within one second of what they currently are today; meaning that the rate of speed of vehicles leaving is within one second difference between now, without the 7 at Blue Lagoon Project and later, with the 7 at Blue Lagoon Project, with Mrs. Weiss' project. But the queues, the length of the City of Miami Page 14 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 lines exiting, are shorter than they presently are; meaning, they will be shorter in the future than today -- and Mr. Mark Kline from Keith and Schnars, will speak about this and about the traffic study that he did -- and the same thing in terms of the entry lanes; queues shorter, travel speed within a second of each other. Now, we did a traffic study. The law doesn't require us to do a traffic study; we're not required by law. You can have your attorney ver fy that for you if you need additional support to what I'm saying, but we did one anyway. And that traffic study is in the record; it's before you. Mr. Kline and his office at Keith and Schnars performed it. And with that, I will yield to Mr. Kline to speak about the traffic study, and to talk about what we call existing conditions; meaning, what is there now; meaning, Blue Lagoon Building and the one way in/one way out that is there now, and future conditions; meaning, with the 7 at Blue Lagoon Project, Mrs. Weiss' project, and with the two lane improvements that we're putting on the project, before and after. And he will talk also about something we ran, which is a synchro model. By the way, the methodology and model, and all this is the same thing that traffic engineers use in the City of Miami and everywhere else, and it's based on the Institute of Traffic Engineers, loth edition. Vice Chair Russell: Thank you. Mr. Diaz de la Portilla: So, Mr. Kline, without further delay -- yes. Vice Chair Russell: Thank you, sir. Although I can Chair at the moment, I'd like to yield to Commissioner Gort on running this item. Commissioner Gort, do you foresee us hearing this item today? Commissioner Gort: Yeah, we'd like to hear it. I mean, we postponed it about three times, so let them make a decision today. Vice Chair Russell: It's been two; it's been continued twice. So I just wanted to get a sense of where we're going. I appreciate that. I'll yield to you on how you want to run the order of the conversation. Commissioner Gort: Go ahead. Mr. Diaz de la Portilla: So -- Commissioner Gort: So first, we're going to hear from the applicants; then we're going to hear from the people in opposition; then we'll close the public hearings, and we'll make a discussion. Mr. Diaz de la Portilla: -- Mr. Kline, please introduce yourself. Mark Kline: Good afternoon. I'm Mark Kline, Director of Highways, with the firm, Keith and Schnars; representing Keith and Schnars, and the 7 Blue Lagoon Project. We were retained to do an analysis; specifically, of the driveway operation, how the 7 Blue Lagoon Project might impact that as compared to how the project works today, with the existing Blue Lagoon traffic. The study was conducted in May, June, and July of 2018; similar to the study prepared by RJ Behar, and also submitted to you from the Blue Lagoon property. The studies are somewhat similar. Typically, they -- obviously, they achieve -- reach different conclusions, but I will tell you, although they seem to reach different conclusions, they actually reach the same conclusion. We have studied the project. We've done traffic counts, intersection traffic counts; we've done 24-hour counts of the driveway, three days, to verify the volumes coming in and out. We've utilized "I" -- the loth Edition of ITE (Institute of Traffic Engineers) to generate traffic -- future traffic from the 7 Blue Lagoon Project. We've grown that traffic to a 2023 opening year volumes. Effectively, what City of Miami Page 15 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 they show is that -- and this is consistent with the RI Behar study -- if we were to somehow construct the project without any improvements to the driveway, add traffic to the driveway, essentially, what seems fairly obvious, if we have a road that has two lanes, it has "X" amount of traffic; you add more traffic to it, there's going to be more delay. That's pretty simple, in and of itself. Both studies agree with that. The big difference in the study is that Keith and Schnars' study goes further. Keith and Schnars' study goes and analyzes what happens when we build this project and we do the improvements to the road -- to the driveway that are necessary to be done. What the analysis shows is when you do the improvements, you add an existing -- or add a lane to the outbound, making the left turn and the right turn separate, instead of one lane; effectively, you have no impact on the level of service. The amount of delay is within seconds of the same amount of delay that you have today. The intersections are operating at Level of Service "A," "B," "C," at the different a.m. and p.m. peak hours. It's operating at a very high level of service; much higher than you would expect for a corridor in this area. It will continue to operate at a very high level. The significant part, if there's a significant part, is the fact that when you add a separate left -turn lane and a separate right -turn lane, now you can take advantage if you're turning right to turn right on red. You're not stuck behind someone trying to turn left, getting out of the driveway. The effect of that is it reduces the amount of queue, people stacking, waiting to get out of the driveway. The analysis shows a significant reduction. This is an improvement. The overall level of service remains essentially the same. One issue that I bring up that I think both engineers have identified, specifically identified in the Behar study is transit. There's transit stops on this corridor. One of the reasons you go to "E" plus 20 is this corridor is serviced by transit. There are transit stops, eastbound and westbound, within 200 feet of this driveway. The Behar study clearly identifies a number of pedestrians, particularly in the morning peak hour, trying to enter this driveway; service -type people trying to come in and work at the Blue -- existing Blue Lagoon Condos. There's no sidewalks. When they come in, they have to walk in the roadway -- in the driveway -- to get into the project. From a safety problem, that's a concern. The improvements that we're proposing as part of the 7 Blue Lagoon not only provides for essentially an identical level of service with less queueing, but we would also be providing sidewalk access. Your Code would require us to do that; not just sidewalk access, but ADA-compliant sidewalk access. So essentially, what I -- what we concluded is that the proposed development is not going to impact the level of service, it's not going to impact the delay coming in and out of the project, it is going to reduce the queues, and it is going to provide a safer environment for both motorists and pedestrians. That's our finding. Mr. Diaz de la Portilla: And Mr. Chairman, if I may, just a few questions, just to put a fine point to this. And you have, Mr. Kline, also the synchro model that you ran, as well, do you not? Mr. Kline: Yes. Mr. Diaz de la Portilla: Okay. So while that is queueing up, let's try to get -- So what you have -- and it's only showing on -- okay, there we go. That's a synchro model. And could you just walk us through? What are we looking at here? Mr. Kline: What we're looking at here is this is -- the analysis comes out in a series of numbers, which gets very confusing. It's very hard to understand what the numbers actually mean. This synchro model basically shows you just a graphic interpretation of vehicles entering and exiting this driveway. This is the a.m. peak hour. Unidentified Speaker: (UNINTELLIGIBLE). City of Miami Page 16 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Mr. Kline: We're seeing exiting the 4800 Block, the existing driveway, with the two lanes out, the left turn and the right turn. And we're seeing the amount of stacking that we're going to get at these driveways. Again, this is the a.m. peak hour. A.M. peak hour is the highest hour for driveway volumes. The amount of vehicles coming out of the project is exiting in the a.m. peak hour; obviously, people going to work in the mornings. So what we're seeing here is we're operating. We see now cars slowly filling the left -turn volume. The maximum queue gets to be about six vehicles. Today, it's somewhat longer. It's about eight vehicles on an average. So we're seeing an intersection in the a.m. peak hour that works fairly well. And with that, I'll show you the p. m. peak hour. Commissioner Reyes: Can I ask a question? Mr. Kline: This is the p.m. peak hour. Now p.m. peak hour -- traffic on 7th Street is highest in the p.m. peak hour. But the exiting traffic out of the development is obviously lower. People are coming home from work. They're come -- they're on 7th Street. They're entering the project. So what we can see graphically here is an intersection that works very well; that's what the analysis shows. So like we said, we anticipate in the long range this to be an improvement, not only for 7 Blue Lagoon, but for the existing Blue Lagoon users. Mr. Diaz de la Portilla: A couple of questions, if I may, just on that. Of course, you're not suggesting that with the 7 at Blue Lagoon Project, there will be fewer vehicle trips, correct? Mr. Kline: Oh, no. There will be more trips. Mr. Diaz de la Portilla: Of course. Mr. Kline: But we go -- we now have two lanes, as opposed to one lane. Mr. Diaz de la Portilla: And you're not making any representations as far as Northwest 7th Street, which is, again, a minor City arterial, correct? Mr. Kline: Correct. Mr. Diaz de la Portilla: And in fact, as a minor City arterial, you have a lot of cut - through traffic through there that has nothing to do with any of the projects there that are on either Blue Lagoon or along that corridor, correct? But -- in adjacent areas; is that right? Mr. Kline: That's correct. Mr. Diaz de la Portilla: What you're talking about is how the movement in and out of the driveway works with the additional lane coming out to make a right turn and a left turn; the exclusive lanes, right? Mr. Kline: That's -- Mr. Diaz de la Portilla: And with the additional lane coming in. That's what you're talking about? Mr. Kline: That's correct; two lanes out, one lane in. Mr. Diaz de la Portilla: And you're not saying there are fewer vehicle trips, because that would be absurd, correct? City of Miami Page 17 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Mr. Kline: That would be absurd, yes. There are more vehicles -- Mr. Diaz de la Portilla: What you're say -- Commissioner Gort: Wait a minute. Mr. Kline: -- and there are -- but there are more lanes to accommodate those vehicles. Mr. Diaz de la Portilla: And so, what you're saying is that the speed at which those vehicles get into the Blue Lagoon Project through the driveway and into the 7 at Blue Lagoon Project through the driveway is essentially a wash; meaning, pretty much, the same, with the improvement, right? Mr. Kline: That's correct. Mr. Diaz de la Portilla: And the speed at which the vehicles leave to get onto 7th Street -- meaning, out of the driveway -- is basically a wash, as well? Mr. Kline: That's correct. Mr. Diaz de la Portilla: And that the queues with the dedicated right turn and left turn lane -- meaning, the number of cars waiting, in stack, in order, are actually a little bit shorter? Mr. Kline: They're a little bit shorter. Mr. Diaz de la Portilla: Slightly? Mr. Kline: It's a little bit of a benefit for the people exiting, turning right. Mr. Diaz de la Portilla: Slightly. So you mentioned sidewalks. There are currently no sidewalks at all for the folks who live in Blue Lagoon to enter into the Blue Lagoon, for pedestrians. Mr. Kline: That's correct. Mr. Diaz de la Portilla: So pedestrians -- and in fact, when you did your traffic study, did you not see pedestrians walking through the middle of the street to get to Blue Lagoon? Mr. Kline: The traffic studies -- they witnessed people walking in the driveway to get into Blue Lagoon, yes. Mr. Diaz de la Portilla: And so, with the improvement of sidewalks, people will now be able to use sidewalks. And when I say, 'people,"I mean whether they live in Blue Lagoon or whether they live in 7 at Blue Lagoon, they will now be able to use sidewalks, correct? Mr. Kline: That's correct. Mr. Diaz de la Portilla: Okay. And so, I have nothing further of Mr. Kline. Mr. Chair, I -- you know -- defer to you if the Commission has any questions. Commissioner Reyes: I have some questions. City of Miami Page 18 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Gort: Show me the new project. How do people get in and out? Over here. Mr. Kline: You have a site plan that shows where the driveway (UNINTELLIGIBLE). Chair Hardemon: It's -- I believe it's up here. Mr. Diaz de la Portilla: It's up there, (UNINTELLIGIBLE). Mr. Kline: Okay. When you enter the project, there are -- there's a drive -- there's driveways for the front properties that connect; drop-off areas entering the project to the north. We have a driveway located here, along the rest -- property line, a driveway here, located about mid -block through, and there's another connection here that leads us into the hotel area, and on down to the east property line. Commissioner Gort: Coming out. Mr. Kline: Coming out? Commissioner Gort: Coming out. Mr. Kline: Coming out, you can -- you'll come out of the development here, take a left, exit, come down. You can come out at this location, you can come out here, or you could -- you know -- there's a -- you can come out these locations onto that driveway. Commissioner Gort: Okay. Thank you. Commissioner Reyes: Miguel, you're going to build a hotel there? Mr. Kline: There's a hotel proposed. Mr. Diaz de la Portilla: Yes. The -- Commissioner Reyes: What are you going to build (UNINTELLIGIBLE)? Mr. Diaz de la Portilla: The project is 888 apartments and two small hotels; one at the front, and one on the lagoon, for, again, a total density of exactly what we're allowed as a matter of right today, which is -- Commissioner Reyes: 188 apartments? Mr. Diaz de la Portilla: 888. 800. Commissioner Reyes: 198 apartments, that's -- Mr. Diaz de la Portilla: Yeah, 888. Commissioner Reyes: --188 apartments. That's about 188 cars, at least. Mr. Diaz de la Portilla: Well, there -- Commissioner Reyes: And how many rooms are those two hotels? Mr. Diaz de la Portilla: You have 294 hotel rooms, total, in two different areas. So you have -- at the entrance, you have one immediately to the west, and then you have City of Miami Page 19 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 one on the lagoon, in the back. Again, the total density is exactly what we're allowed as of right today, and it's the exact same density that every property north, south, east, and west, including the objectors, have on their properties. Commissioner Reyes: How many cars do you think that are going to be moving around there? Mr. Kline: Let me look at my numbers here. I'll give you what our analysis projected. We projected 2,356 daily trips; that's in and out. Commissioner Reyes: That is -- Mr. Kline: About -- Commissioner Reyes: -- an additional 2,000 trips from your development, right? Mr. Kline: From our development, about -- in a 24-hour period, about 1,200 cars out and then about 1,200 cars that come back, so that's -- Commissioner Reyes: That's just from the development? Mr. Kline: That's just from the development. Commissioner Reyes: Not counting the other development -- existing development now? Mr. Kline: That's not counting the existing development, yes. The peak hour for our development, we're looking at about 251 trips coming out at the peak -- or 251 total trips in the a.m. peak hour, and about 213 in the p.m. peak hour. The rest are scattered throughout the day. Commissioner Reyes: Have you -- by any chance, you have thought about the -- you see, what you call that easement, that it is between -- that goes to 47th Avenue? Mr. Kline: Yes. Commissioner Reyes: That is a -- have you tried to work with them and make that as a -- also as an exit road? Mr. Diaz de la Portilla: Yeah. Let me address that, because what -- the only thing we can apply for is our property. We can't include -- Commissioner Reyes: No, no. What I'm saying is -- Mr. Diaz de la Portilla: No, I know. But I'm going to tell you. But that's why we can't include in our zoning application property that doesn't belong to us, right? So we have had meetings. We've had several meetings and many, many, many telephonic conversations with people immediately to our east. They are represented by a lawyer by the name of Fernando Garcia, who has been -- you've seen here before. He is not here today, and they chose not to be here today, but we are, and have been having ongoing discussions with them. But mind you, they have property. It's their property. We would have to work with them and negotiate with them in order to enter into some kind of agreement in order to have an additional without, and we've been doing that. We've had conversations. And the last conversation that I had with Mr. Gar -- Fernando Garcia, I can say to you was less than two days ago, via text, because I was expecting additional, you know, dialogue. And what Mr. Garcia indicated was that they would want to continue talking sometime in January, City of Miami Page 20 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 okay? But we have had meetings in Mr. Garcia's office. We've had many telephonic conversations. And again, this is property that we don't control. We don't own it. It's next to us, and it does -- yes -- front 47th Avenue; which, of course, is north of a local right there; meaning, it has less lane capacity than Northwest 7th. But we have had those discussions with Mr. Garcia, and they're continuing to have those -- we are continuing to have those discussions with him and with the group he represents. Commissioner Reyes: There's one thing that I -- that -- because I'm so interested in that because that abuts my district, and I -- just looking at the amount of traffic that is going to go into my district, into my residence, you see; that I know that area very well, you see, very well. Now, I saw you -- what you have. You have people drive in on 7th Street and getting -- making left turns, and there's no left -turn signal there, you see. How are you going to get a left -turn signal into the business, in front of the little shopping center that is the exit of it? Mr. Diaz de la Portilla: Where the pawnshop is, or the other one across the street? Commissioner Reyes: Just across the street from. There's not a -- I mean, there's not a left -turn signal, no. You have to go into the actual -- you have to wait, so it's going to be -- I know that -- Mr. Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Reyes: Francisco, by law, they could build, by law, by right, what they are proposing? Francisco Garcia (Director, Planning): That is correct, sir. The zoning change they are requesting really has only the net effect of increasing the eligible height. Commissioner Reyes: It doesn't increase any density, whatsoever? Mr. Garcia: It does not. Commissioner Reyes: And I'm going to be honest with you, because you know I am - - I'm a straight shooter. It really concerns me, the amount of traffic that we're going to get there, because, with all due respect, sir, if you're going to get 800 automobiles coming in and out of there, and then you're going to get two hotels, that is going to be constantly people coming in and out of there. I think that is going to create -- right now, as it is, 47th Avenue is clogged, because these people use it to get into 836 since they closed the entrance of 42nd Avenue. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Reyes: No. 47th Avenue. Ma'am, you go to 47th Avenue and you go to 40 -- when you pass under the -- I know the area, because I drive it. When you pass under the expressway, you make a left turn, and you get into 836; or you go in through the airport, and you go into the parking lot, you see. 57th Avenue is about 10 blocks away, you see. That's what I'm saying. Commissioner Gort: Commissioner, through the Chair. Chair Hardemon: Listen. Commissioner Reyes: Yes, Commissioner. Chair Hardemon: Do you have any cross-examination for the presentation that was just given? City of Miami Page 21 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Gort: No, no. They're going to make their presentation afterward,• that's when they'll make it. Commissioner Reyes: Yes, sir. Chair Hardemon: Oh, okay; something completely different. Richard Alayon: Mr. Chair, in order to do that -- Mr. Diaz de la Portilla: I can't hear him. Richard Alayon: (UNINTELLIGIBLE) one of your microphones? In order to do that, I would request that we be granted intervenor status, and I have case law that will guide the Commission and its counsel. Chair Hardemon: Okay. So -- no, he wants to be granted intervenor status; that's what he wants to be granted. So is there any further presentation that you have? I couldn't imagine there being much more. Mr. Diaz de la Portilla: No, there isn't. Chair Hardemon: I know we presented last time -- Mr. Diaz de la Portilla: There is, actually, because -- if I may? You're back with the gavel; correct, Mr. Chairman? Chair Hardemon: At times. Mr. Diaz de la Portilla: Okay. I just want to make sure, you know, who I direct this to. So, yes, we have Kobi Karp, who will be making the architectural presentation, as well. And -- Chair Hardemon: But my thought about it -- and I don't -- correct me if I'm wrong. I know that we'd love to see the renderings, but what's most important in this would be the zoning changes, which is really not inclusive of the architectural design. So you can do it. I'm just saying, let's not spend an incredibly long time on the actual design of the architect. Mr. Diaz de la Portilla: Yeah. I don't expect it to take a lot of time to do that. I think the idea there is, because the covenant, Declaration of Restrictions, which we're giving you, which is entirely voluntary, but legally binding, specifically refers to a conceptual -- right? -- plan. And so, we want to talk about that, because that exactly underscores the purpose of us being here. Again, the density is exactly the same, with the rezoning or no rezoning. It's exactly the same. It doesn't change. It doesn't change. It's 150 dwelling units per acre, and that's, you know, what the property currently has with it. By the way, it's what your Planning Department already accounts for in the transportation element, which is the chapter in your Master Plan that talks about roads and roadways, et cetera. So the purpose is to show the difference between look; shorter, bulkier buildings versus slimmer buildings, and how that looks in terms of a site plan, a design, relation to the water, open space, green space; ultimately, even property values. So those -- that's the purpose of that. And the Declaration of Restrictions ties into that conceptual plan. That's -- R. Alayon: Excuse me. We will concede that the Kobi Karp design is by far superior to anything else that we have seen. I will concede that all of the wonderful -- City of Miami Page 22 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Gort: Excuse me. You are? R. Alayon: Oh, my apologies, Mr. Gort. My name is Richard Alayon. Commissioner Gort: I mean, I'm going to give you a chance -- Let him finish with the presentation. I'm going to give you a chance to have all the question and make your presentation. R. Alayon: Thank you, Mr. Gort. Commissioner Gort: Okay? Appreciate it. Thank you. You finish with your presentation. Chair Hardemon: Would you like to --? Mr. Diaz de la Portilla: I'm not. I'd like to be able to -- Commissioner Gort: Go right ahead. Mr. Diaz de la Portilla: -- finish my presentation, if I may. And the other part that I was mentioning just recently is that the benefit of a conceptual plan also comes with the public benefits that I described, including art onsite, including landscaping, including green spaces, et cetera, which is something that benefits anybody driving through that corridor and entering into the property. And we talked about the sidewalks, which are also planned -- part of that plan and that conceptual, which, again, would be a huge benefit and a safety issue for the people who are currently living there, as well as future residents and visitors to the area. I'd like to just -- yeah. And that, of course, will contribute to the tax base and the property values, and what the City receives in terms of tax base to provide services to the residents. So that's the purpose of the request. Again, the FLR and the density doesn't change; that's not what we're here for. We're not here for density increase. Commissioner Gort: Okay. I want you to know I have met with a lot of people on both sides. I can hear changes and -- constantly, they -- we agree to something, then we disagree, then we agree, and we disagree. So today I'm going to take care of all those, and I'm going to be asking a lot of questions afterwards. What I'd like for you to show, if possible, is -- what do you plan to do in the area? Because there also is a lot of rumors. I mean the rooms; I mean, about hotels; I mean, hotel rooms. At least give us an idea of what are you going to be doing there. Mr. Diaz de la Portilla: Sure, of course. And I don't see Mr. Karp in the building. Okay, he's here. So let me start with this, and let me give you an idea, and I think this is what you want to see in terms of the design. So this is the view from the airport side, from the north side, if you will, from the lagoon side, looking into the property. You have apartments; you have the Blue Lagoon Towers, at 160 feet, right to our west, right behind us here; you have the proposed apartments, abutting the Blue Lagoon's 160-foot towers; you have the hotel, one of the hotels, on the water, on the lagoon, and that's this building right here that you see in the front that -- Commissioner Gort: How many rooms? Mr. Diaz de la Portilla: I'm sorry? Commissioner Gort: How many rooms? City of Miami Page 23 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Mr. Diaz de la Portilla: The -- this hotel room and this hotel room, combined, is 294. Commissioner Gort: Both? Mr. Diaz de la Portilla: Both, combined, 294. One will be bigger; one will be smaller. The total apartments are 888. Unidentified Speaker: 829. Mr. Diaz de la Portilla: It comes out -- Commissioner Gort: Excuse me. Can you tell your client to please --? You're addressing all the problems already. We have enough people speaking already. Mr. Diaz de la Portilla: Correct. And so, you have the apartments, and then you have -- and Mr. Karp will elaborate in more detail about that. And then we have the hotel at the front. And when I say, "the front," this is when you enter. Let me point it out here so you can see, Commissioner Gort. When you enter off of Northwest 7th, that's a small family hotel. The more luxury hotel would be here in the lagoon, as you can see, Commissioner Gort. So here's one, and here's the other, and the rest are apartments. Commissioner Gort: Okay. Mr. Diaz de la Portilla: From this view, which is the lagoon view, you have the hotel apartments, and if I may point here, the other hotel. But all told, this is a better view that would give you an idea of what is envisioned here. This is the design; again, the hotel water view, the apartments. And what you have here is the hotel at the entrance, which you will see. Again, that would be the family hotel, the entrance coming in through -- off of 7th Street. And so, what you can see -- imagine this building, imagine these buildings, and imagine these buildings having the same number of units, but being shorter and wider. And I will tell you that with the shorter and wider buildings, you have less green space. You have view corridors off of that driveway, which block the view to the lagoon. You have property values that will not increase as fast with the shorter, stockier buildings than with the taller, slimmer buildings; and so, that's why. And by the way, the height that we're talking about, again, three stories; three, just three stories is what we're talking about, which happens to be compatible with the Blue Lagoon Towers and many other buildings in the area that are 160 feet tall that are 15, 16 stories. The other significant thing that I'd like to point out is that something like this would inject hundreds of millions of dollars, again, into a community that is a traditional community in the City of Miami. And those of us who grew up or have spent most of our lives here in this community, like some of you; even though you didn't grow up, or may not have been born here, but somebody who's lived his entire 55 years here in Miami, and was born at Jackson Memorial Hospital, in the City of Miami, I will tell you, this type of investment in this area would be a significant improvement to the tax base and to the area in terms of the condition of the properties and the quality of the properties. And remember, there's also the workforce housing component, which you are working on now, and you will make it work for the people that it needs to work for; and the affordable housing component that you are working to make sure -- all of you are -- that it works for the people in the community, as well; not to mention the improvements to significant City public facilities. Mind you, the Public Benefits Program and the improvements and the contributions in what we're doing are all things that would not be done to the same extent if we weren't rezoning the property. If we just go as of right and build the shorter, stockier buildings, you will have fewer amenities, a lesser project, lower City of Miami Page 24 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 property values, and you'll still have the density, and you'll still have the same number of vehicles. And again, whenever you have an empty piece of land and you build on it, of course, you're going to add vehicle trips; and, of course, you're going to add people. But it's property that is designated for this type of use, just like all the property around it. It's property that is seeking to develop at the density that all the properties in the area have, as a matter of law and of right. It's just seeking to have a better site plan. And here's another -- oh, yes. And here is another depiction of -- Commissioner Gort: Question. Mr. Diaz de la Portilla: Yes. Commissioner Gort: My understanding is you're proposing 1,138 units, all those together. Mr. Diaz de la Portilla: Well, it's 1,035, it comes out to, which is the density of -- Commissioner Gort: 1,035? Mr. Diaz de la Portilla: Yes -- Commissioner Gort: Okay. Mr. Diaz de la Portilla: -- which is the density of -- Commissioner Gort: I understand, (UNINTELLIGIBLE). Mr. Diaz de la Portilla: -- 6.89 -- Commissioner Gort: I just want to know. Mr. Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Gort: 1,038. Okay. Mr. Diaz de la Portilla: Yeah. Unidentified Speaker: 35. Mr. Diaz de la Portilla: Yeah. Unidentified Speaker: 1,035. Mr. Diaz de la Portilla: One thou -- okay. Commissioner Gort: Look, I appreciate it, but you have somebody representing you. I'd like to hear from him. Okay? Please. Thank you. Mr. Diaz de la Portilla: So it's -- so, Commissioner, so it is exactly, you know, as you say -- Commissioner Gort: Got you; got the answer. Mr. Diaz de la Portilla: -- the acreage times the allowed as of right, which is what everybody has; the same exact number of units. But, you know, just picture, you know, if we could, all of us here -- and I throw myself and include myself in there, you know -- could be -- you know, just like three inches taller and maybe 15 pounds City of Miami Page 25 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 lighter, I think, you know, we would definitely all be a lot more attractive -- as attractive as we may be now -- a lot more attractive. And so, that's the idea behind the request; it's to have a better project that has value. And I'll tell you why that's important and why we've gone through everything we've gone through, because we've gone through a lot to get here today. We -- you know, to get to PZAB (Planning, Zoning and Appeals Board), we had two postponements, and then we got to PZAB finally, you know, the third time, and that's just since I've been involved, which has been only in the last five, six months. And then, you know, of course, as you know, we were here on October 25, and we were here on November 15; and so, now, you know, we're here on December 13. And I'd like to say, we've met with Blue Lagoon. Commissioner Gort: I know a lot of meetings has taken place. Mr. Diaz de la Portilla: We've had a lot of meetings. We've had -- Commissioner Gort: We're going to clear all that today, so. Mr. Diaz de la Portilla: Yeah. We had a meeting on Monday. We've had a meeting just on Monday. I think we had a very good meeting, by the way. We talked about a number of things. We haven't finalized those things. There are questions. There are things that, you know, that need to be clarified, but we've had a number of meetings with Blue Lagoon. And as I've mentioned, in response to Commissioner Reyes' question, we've had a meeting and numerous telephone conversations with the neighbors to the west. And by the way, there are five, you know, associations here in the area. You will note that today, as we're here -- And this is just a first reading item. This has to come to second reading, as well, which is later, right? We don't have, you know, the other folks standing here today, okay? And I'm not telling you that that, you know, means anything, other than they chose not to be here today, because I think there is sufficient belief in our good faith efforts to continue to work with everyone, because that's what we want. You know, if somebody -- and again, Mrs. Weiss has been in this community for a very, very long time; wants to invest, you know, hundreds of millions of dollars here; and particularly, she is 80 -- allow me to say your age -- 82 years old. It's because she wants this to be a legacy project. It could be just another run-of-the-mill, you know, project, with the same exact number of units, and the same traffic; it could be that. But she's going through this effort and this process that has lasted close to two years, hundreds of thousands of dollars in fees to the City and to professionals -- right? -- in order to have a legacy project, because all of us, you know, would hope, you know, to accomplish in life at some point, you know, to live, to love, and to have a legacy, and that's why she wants to have a wonderful project instead of a run-of-the-mill project. So that is, you know, the plan; that is the purpose of the request. I will tell you, like I said, we've had very good, I think, conversations with Mr. Alayon, with his son, with the members of the Blue Lagoon Board, and, you know, and we, you know, have always had a very, very open attitude to work with everyone to develop our property in a way that makes sense in terms of the quality of the aesthetic, because, again, the raw numbers in terms of density and square footage, that won't change, that doesn't change, that -- by right, we can do the exact same density and intensity. And so, with that, since Mr. Karp has not arrived, I will do that, and hopefully, when he comes in, have him available to answer questions and maybe briefly address, as a rebuttal witness. Of course, I may want to call Mr. Kline, as well, as a rebuttal witness, and I would like some opportunity to rebut, you know, arguments. So we also have Mr. Brian Dervishi here, as well, who is -- who I'm going to save, also, as a potential rebuttal witness, in case, you know, it's necessary, and only if it's necessary, because there may be a reference to some collateral matters that don't have anything to do with the request that is before you today, which is just a simple rezoning, with a hard cap at 160 feet, just to get those three extra stories. But if an issue comes up that City of Miami Page 26 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 requires clarification, I would like to reserve the right to have him address that issue and clarify, if necessary. And with that, I yield -- Commissioner Gort: Thank you. Mr. Diaz de la Portilla: -- back to you, Commissioner Gort, who are the Commissioner from the area. Commissioner Gort: And he's the Chairperson. Chair Hardemon: Commissioner Gort, would you like to move forward within --? Commissioner Gort: Yes. Chair Hardemon: You have a presentation that you wanted to make? Commissioner Gort: It's all yours, right. Patrick Alayon: Good evening, Commissioners. Thank you for allowing us a moment of your time. My father, I think, wants to grab the roving mike and make a point. R. Alayon: Testing, one, two, three. Testing. Good evening, Commissioner Gort, Vice Chair Russell. Mayor Francis Suarez is not here; but if he's there, Commissioner Manolo Reyes. Chair Hardemon: Hold the mike up. Commissioner Gort: You got to speak a little louder. Put your mike on. R. Alayon: Testing, one, two, three. That's better. Commissioner Gort: Now we can hear you, yes. R. Alayon: Okay, excellent. First, Mrs. Weiss, thank you for the opportunity to speak on your project. Mr. Diaz de la Portilla, thank you for your courtesy. We're not here as objectors; let's just be clear. We are here as interested parties who own land, the right to use the land. Ladies and gentlemen, what is the most valuable right that a property owner holds? The ability to use the land as he sees fit; the ability to exclude others from the land. When you give an easement to somebody, you're giving up the most valuable right that you have over land, and that easement is a valuable property right. Now, what they're telling you is that this easement -- May I use your --? Unidentified Speaker: Sure, of course. R. Alayon: This very nice orange colored piece of property, the right to use it is our right to use. Now they originally started as a non-exclusive easement. And this is not for you to decide. This is for a court of law to decide. It started as a non- exclusive easement. We have in the record an agreed final order that clearly says something different. It says that they shall not interfere with our right to use the actual property, the easement. Now, ladies and gentlemen, we have very interesting competing studies that my son, who has a very good understanding of these things will dissemble, but the reality is that common sense dictates that if you have 888 more units, 294 hotel rooms, you're going to have a heck of a lot of traffic. Now, let me tell you something. This property is not landlocked. It is absolutely not landlocked. If you look over here, this parcel in which they're putting a hotel, that City of Miami Page 27 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 can connect directly to their property, going over part of our easement. Now, that would not be unreasonable for them to use part of our easement to connect from their property to their property. Instead, what do they do? They come to you and they say, "Oh, this is really about beautiful buildings." No, it's not about beautiful buildings. It's about our easement. We are an interested party. We have reams of case law that talks about standing. Someone who has a valuable property right like an easement, which is a right to use -- the most significant right -- and I repeat it over and over and over again. In property, that person, when they stand here and they see the other side saying, "Oh, we're going to use it and pack it with a thousand and some cars a day," give me a break. We are certainly intervenors. But most importantly in this entire exercise, this property right here that they're going to put a hotel on, that's available for them to have ingress and egress. It is not landlocked. It is a complete subterfuge to say to you, "It's landlocked," and say, "We're going to build these beautiful buildings." In other words, when you're going to punch somebody -- and I know some of you love boxing -- you feign with your left so that they look at your left, and you nail them with a right. What they're doing here is they're trying to nail us with a right. And the reality is that this project does not need to have two hotels. This project does not need to use our easement for ingress and egress, except for a small portion, which is reasonable, at the very top. Now, Mr. Kobi Karp is a great architect. In fact, I've seen him work on many projects, and his projects are signature projects. This is not about Kobi Karp. This is not about an extra three floors. This is about a site plan, and a covenant that refers to a site plan that says, "We're going to use this easement for ingress and egress." Now, Mr. Reyes, you asked about a 47th Avenue exit. They were here before, saying they had an easement over thatproperty, and they can -- Commissioner Reyes: (UNINTELLIGIBLE). R. Alayon: -- and they specifically referred to the actual declaration of that condominium. Why are they not finding access from that vantage point? Why are they instead putting a hotel with a drop-off zone at the very entrance to this area that they call a driveway? Because -- and I don't blame them. They're trying to get the most bang for their buck. But in the meantime, they're affecting our property rights. Now, it's entirely possible that you can say, "Hey, we'll agree to you having an extra three floors, and we'll agree to your site plan, subject to getting court clarification that you can use this property to stick a thousand and some cars a day, twice a day extra through this little driveway." And by the way, the easement grants us the right to put landscaping, grants us the right to put a monument, grants us the right to put AT&T (American Telephone and Telegraph) lines that go through there, and other specific utility lines that are going through there. So this property is for us to use. Now, it may not be a hundred percent for us to use, but the reality is that sticking a thousand and some cars twice a day through that easement, plus hotel deliveries, plus Ubers, plus -- now they want to put one of those trolley systems going through there. Guys, common sense dictates that no money -- no matter how many experts we have, and as -- when Al Pina said to me during the PZAB, he said, "Mr. Alayon, I do not believe in traffic experts. I've seen traffic experts tell me that they can do things that my common sense dictates they can't do, so I have to trust my common sense." We're asking you to trust your common sense. We ask to be intervenors. And the reason we ask to be intervenors is because there are other defects that do exist for the actual application. My son would like to address that, if I may, Mr. Gort. Thank you. In the interim, I'm going to deliver this to the City Attorney. It contains case law that very clearly says that a party like us has standing to address this issue, has standing to challenge it, has standing to take cross-examination. Thank you. P. Alayon: Thank you, dad. Evening, Commissioners, again. My name is Patrick Alayon. I represent Blue Lagoon Condominiums. We're at 5077 Northwest 7th City of Miami Page 28 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Street; the property we've talked about for about -- oh, a good 45 minutes, and we're going to talk about it some more, because I'm here to report on the specific issues at hand regarding zoning. So let's talk about zoning. Let's talk about what's being asked for in this -- by the Commission passing this ordinance. I wonder myself, what exactly is the ordinance the Commission is passing? Well, the Commission's passing an ordinance that says that -- or is considering an ordinance -- saying that the applicant is going to develop this property, pursuant to a Restrictive Covenant. Now, I asked myself, "What's in this Restrictive Covenant? What's the language within the Restrictive Covenant?" And so, I read it earlier today. And the first item on the Restrictive Covenant is entitled, "Site Plan. The property will be developed substantially in accordance with that certain site plan prepared by Kobi Karp, entitled, 'Towers at Blue Lagoon,' dated August 16, 2018." And it goes on to describe the plans. Now, it then goes on to say, "The site plan referenced above is subject to the Miami 21 Code, as well as other applicable regulations, and is submitted solely in connection with the application" -- I'm sorry. Is -- am I --? Let me -- Excuse me -- "is submitted solely in connection with the application, and not for any particular zoning entitlement." So I read this and I asked, "What exactly are they committing themselves to with this plan?" Well, it says that this property will be developed substantially in accordance with the plan; doesn't say, "per the plan." It says, "substantially in accordance with the plan." So I, as a lawyer, am now concerned. What does "substantially" mean? Does that mean that they're going to develop as per the plan that you see up there? What kind of changes are we going to see between now and the end? And so, I say, well, let's look at the plan as it is at this moment. And from what I saw -- and I tried to address this in my meetings with Mr. Diaz de la Portilla. And we have a great working relationship, and we were able to communicate fairly well, and we were able to, you know, try to understand each other. So there are several items I'd like to address -- and I'm going to walk up to the board right now -- that were the subject of our meeting. So the first item I'd like to address, as you can see here -- and Commissioner Reyes, you asked about it -- there appears to be a road leading off of this property into Sunset Village III, on the very plans that were submitted to Commission and stamped. So I asked Mr. Diaz de la Portilla, "Do we" -- "is there access? Are they planning on having access through this easement?" And the first ans -- that was actually one of my first questions, and the answer I got was, "No, we're not planning on having access through this easement." So then I pointed to these plans. "What about these plans?" And the understanding is that's a mistake in the plans. So apparently, well, that's something that's not going to be -- that's something that's got to change. Now, these plans showed two access points. I would argue -- and I think I'm on very solid ground about doing so -- that if a plan shows two access points to a public road and then one is built, that's not in substantial compliance with the plan. So, all right, one area of issue. Another area of issue that we -- that came up during our talks is this particular -- what was called a driveway. I'm going to call it the north/south portion of the easement. Now, the north/south portion of the easement is the ease -- is the portion that intersects 7th Street here. And right now, as this plan is laid out, it's got one lane in and two lanes out. So I discussed -- and obviously, our -- one of our big concerns is, you know, how many -- how are we going to get all these cars through here? Now, I'm going to deal with the traffic study later. What I wanted to deal with right now is a new proposal that was brought to the floor, which was whether we could actually fit another lane in there, and it was discussed, and it was potential -- and there seemed to be some level of agreement to pursue it. However, I -- and none of these plans have been updated. I have not seen any draft plans updated. So I am proceeding under the idea that, well, we're still at three lanes. So is constructing that lane, as it is right now, substantial compliance? Now, let me also talk about what -- it sticks out to me right here, which is a hotel drop-off zone. Now, what is a hotel drop-off zone? I mean, it appears to be on this plan a slight indentation in the road, allowing for cars to come in, drop people off and leave. Now, in this particular plan, as you can see, the hotel drop-off zone is actually not that far from City of Miami Page 29 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 the intersection. So my first question to the -- I think we actually had a rep -- architect's representative at the first meeting -- was how are we going to plan for this particular -- the impact of this drop-off zone? How long is it in car lengths? And the answer I got was, "It's three cars long." So I said, "At the fourth car, it's going to back up and block the right-hand turn lane, right?" And he said, "Yes." But, you know, it's three cars long. And so, you know, that's what we expect. But there was some conversation about changing the traffic pattern in the interior of this hotel to avoid this drop-off zone. To date, we've not -- we've heard back that they are now not considering doing that. So, really, what this boils down to, Commissioners, is while we are not against development of the parcel next door to us -- we understand the land is to be built on. That's the human condition, at least as we see it. But what our concern is, is making sure that the development that we see is going to be the development that's constructed, because how can we agree to something that's going to change? I would not be providing the correct representation to my client if I told them, "Let's just agree and hope that it works out the way that we're being told it works out." At the end of the previous Commission meeting in October, I remember, Commissioner Gort, you asked us to meet and discuss the T6-8 -- or the plans that the applicant would have to develop under T6-8. That was actually the very first question I asked in the first meeting, and the response I got was the response we got today, which is, boxier buildings and less green space. I still have yet to see a plan or any sort of concrete, you know, representation of what the site would look like, developed under T6-8. So, you know, if the Commission is going to have an understanding of what it's going to vote on, I think it should be privy to those plans, because right now, all we see is the pie in the sky, the hopeful plan, the best -case scenario for the applicant. Shouldn't the Commission see what's not necessarily the best case? And it's also important to note that the plans that we're looking at today have not changed since the beginning of -- in fact, since before the PZAB. These are still the August plans. So everything we've discussed has not been incorporated. Another important thing that I want to discuss today is -- because I feel like we're losing sight of something very important, which is the Comp Plan, and I hear a lot of what is being requested here today. From the applicants' perspective, they're saying what they're requesting is only three floors. But in reality, in the rezoning request, it encompasses a whole lot of considerations, one of which is compliance with the Comp Plan. Part of that Comp Plan is traffic, and it's a very important part of the Comp Plan. It impacts everybody's life every day. So as part of this rezoning request, going into the Comp Plan, they have to show that what they're proposing to do doesn't violate the traffic components of the Comp Plan. Now let's talk about what they could do under T6-8. In T6-8, if they keep the same zoning they have now, they still have to make -- they still have to get permits. Under Miami 21 -- I think it's Section 7.1.2.1(a). Unidentified Speaker: (UNINTELLIGIBLE). P. Alayon: Right. And in pulling a permit, it has to -- whatever is being built has to comply with the Miami 21 Code. Well, I can tell you, because I've read it too many times to count, that part of the compliance with the Miami 21 Code is compliance with the Comp Plan. So even if they don't get that change in zoning, they still have to show that whatever they're going to build on there before they get a permit complies with the traffic issues -- the traffic portion of the Comp Plan. So this leads me back to what they're asking for in this rezoning. If you were to grant them this rezoning, it could be said that you impliedly allowed them -- or made the decision that their plan, as they've shown you, complies with the Comp Plan's traffic concerns and goals, issues, objectives, and policies. And then we -- at this -- if that decision is deemed to be made, then it's almost as if the Commission has accepted that level of traffic in this area by granting that resolution. So in reality, what's being asked for is not just three stories, but it's being -- this Commission is being asked to say that the traffic, as planned, as shown to you, is sufficient to meet the Comp Plan. So I City of Miami Page 30 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 don't want to lose sight of that. It's very -- it's a very important part of this application. So the applicant has the burden of showing that it meets the Comp Plan when it moves to attempt to have a property rezoned, as showing -- as part of showing its burden. In fact, I think the only thing I've seen so far as the applicants attempt to meet this burden, they have engaged a traffic engineer, Keith and Schnars, Mr. Mark Kline, to do a traffic study. I've gone over that traffic study, and as riveting reading as it is, we found quite an important number of problems with the traffic study. So let me begin -- at this point, Commissioner, in my presentation, it may be wise to allow me to cross-examine the traffic expert. It's, of course, at your discretion, sir; or I can just present. Commissioner Gort: You're allowed to present, and they'll get a few minutes of rebuttal, and they can answer all your questions. And I also have a lot of questions from our Planning Department and from our Law Department. So I want you guys to conclude your presentations. Then we, the Commission, have a lot of questions. P. Alayon: Understood. So I'll save the questioning for you guys. So I'm just going to point out some deficiencies -- or some issues that I think are very problematic with this particular traffic study. The first issue I would like to point out is the traffic growth assume -- actually, let me take a step back. So I've been fortunate enough in my travels to the law to have passed through a time when math was a bit more important to me; and so, I've worked with models before. In working with mathematical models -- I don't want to dive into the nuts and bolts -- but there's this very catchy theory; it's called "garbage in/garbage out." And what that means is that if you throw numbers that make no sense into a model, then the output of that model, the result you're looking to test is just going to be just as garbage as the number you threw in. So the issues that I have center on that very theme. The first issue I have with the traffic study is if you look deeper in the traffic study, at Page 7 - - I guess it's Page 5, as enumerated, of the traffic study. It indicates that -- the study assumes .5 percent growth per year on Northwest 7th Street. It also assumes -- or it generates that number by saying, "Look, in the past, this is how many cars are on 7th Street for the past five years," okay? I'm going to average that out. I'm going to say that's the growth rate. Well, we all know that new projects are coming up on 7th Street every day. In fact, I believe one was just permitted -- or there are two towers to the west that are just going to be built; point being that if you have information about the future and you don't include it in your forecasting of the future, that's a problem. And if -- I posit to you, just general common sense, new projects going up in an area, traffic is going to increase more than .5 percent, so that's one of the issues I have with the traffic study. The other issue I have -- or one of the other issues I have is their observation periods. So the -- according to the traffic study, there was one day in which Keith and Schnars performed ease -- the observation of the easement. It happened to be a Wednesday. It happened to be in the summer. And we all know what happens in the summer, Commissioners. There is no school, and traffic tends to be a tad bit lighter; in fact, it's off season, as well. So -- and in addition, there's only one data point on the easement. All right. Fine. They also observed the intersection for three days. Which three days? I don't know. It's not in the report. So I don't know where this data is coming from, all right? Or -- excuse me. I don't have all the information on this data to be able to truly appreciate what it's trying to tell me. Additionally, Commissioner Reyes, I am sure you would agree with me that it's important when you do a model and you have -- and you're trying to count certain things, you count them correctly. For example, if you're doing an economics model and your -- if you got wrong units in terms of one of the input factors in the economics model, what's going to come out is going to be gobbledygook. It's not going to make any sense. So I would like to hand the Commission a page from the plans that are on file that have been stamped by the Planning Department. It's -- I think it's Page 1.00 -- A1.00 of the plans. I've taken the liberty to highlight certain information, and I think the Commission ought to be City of Miami Page 31 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 aware of this, because I keep hearing the number, 294 hotel units, and it's just bothering me, because that's not what it says. In fact, if you look at Page A100 of the plans, under "Proposed," it says, "410 hotel units." That's a 30 percent increase in hotel units. Unidentified Speaker: Yeah. P. Alayon: It's been changed. So if we're plugging in 290-whatever hotel units, and it's actually 410, how can we trust any of the numbers that are coming out? I actually -- I took the liberty of running whatever equations they had with the revised numbers, and I can tell you that peak traffic appears to be going up at a 10 percent clip, at least; actually, it's more than 10 percent. Anyway, the general daily traffic goes up at a 10 percent clip, at least. So I don't know what that does to the results. All I know is that I can't trust what I'm looking at right now. So I'm going to pass the paper to the Commission, so we can all get clear as to what's in the plans, you know, that's -- that have been stamped, so if I may approach? Okay. Now, Commissioners, the numbers used by Keith and Schnars in their calculation rep -- were actually 888 residential units, and 294 hotel units. I'll posit to you that that was actually the number on the previous plans that were in existence before August. So it's -- the issue that we're having here is they're just not an update, and we just can't trust the numbers. And the final issue that I'll leave with the traffic study is I honestly -- and maybe I'm not well versed in traffic studies the same way I'm well versed in other things, but I didn't see an accounting for the hotel drop-off zone. I saw no data that indicated to me that it was accounted for; maybe I missed it. I'd be happy to concede the point if I can be shown the data. So Commissioners, my father has slightly hit on this point, but I'd like to hit on it a bit more. It doesn't take a traffic engineer to know what 1,200 cars are going to do to this section of Northwest 7th Street. You're Commissioners in the City. I would assume that you all travel this road fairly -- at least somewhat frequently, so you've experienced the kind of traffic that's already on this road. I have a mod -- I have a board here. If you would allow me, I'm going to rove and I'm going to point, you know, to this particular board, and show you what this development is going to do, the project -- or to the area, you know, from -- and starting from what it looks like now to what it's going to look like after the project, so give me one second. All right. So what we have here is actually a board that we've all seen before. This is the current state of the area. What -- the property you see highlighted in yellow is Blue Lagoon's property, showing the four existing condo buildings. And next door, you see the green space and the pine trees. That is the current state of Ms. Weiss' property. So I have in my hand a piece of blue string. I'm going to use that to represent the easement as it currently exists. Now I have in my hands a few -- two red strings. They're going to represent the major arteries of this particular location. The first string is the long string; I'm going to put Northwest 7th Street. The next string is going to be Northwest 47th Avenue. So now I have on the board the current state of the property, showing the easement and the major arteries that abut it. Now I'm going to begin adding the properties that are intended to be built, pursuant to this plan, which, again, is connected to the rezoning request. I just placed on the board the first hotel. As you can see, it abuts Northwest 7th Street and the easement. I just placed on the board the second building that's actually part residential and then apparent -- and I believe it has some hotel facilities; not rooms, but servicing facilities. It's again, on the other side, on the east/west portion of the easement, just south of it. I just placed on the board the second hotel. That's going to be bigger than the first, and as you can see, it's in the back of the property. Notice how this lot is becoming fuller and fuller, and the streets are not changing; in fact, they remain the same. I just put on the board the combined residential towers that are in the middle of the project, immediately above the easement. And finally, I have the last building. The last building is a combined building that actually abuts the property line by about five feet, and that's important. Why? Because as part of what we're talking about here, Blue Lagoon is actually trying to build and put together a City of Miami Page 32 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 parking lot immediately adjacent to its building here, and Blue Lagoon's concern is that by constructing this building, it's going to impact the ability to put the parking lot up, because now the fire has no place to stage any sort of firetruck. Now, I understand that that's not before the Commission today, but, you know, it's an important concern of my client, and he'd like to have it heard. Commissioner Gort, the important thing about this is to notice how the roads aren't changing, and how many buildings I just pegged to the board. So I'd like to wrap up my presentation with this. I not only represent the Board of Blue Lagoon Condominiums. I have the privilege of representing owners and occupants of the over-600 units that currently reside there. Many of them have spoken to you, Commissioner Gort, and others may have reached out to you, as well -- the other Commissioners, as well -- with their concerns about this project. In fact, this project has been, as Mr. Dias de la Portilla said, in the works for some time now. And these residents have issues. Now, these residents have also wanted their voice heard, and they wanted to put something in the record as to their opposition to this rezoning request. So I have with me now and I'm going to -- I have copies for everyone, and I have copies to put in the record -- hundreds of owners, hundreds -- and, yes, I will give it to the Clerk, and I'll give it to Mr. Diaz de la Portilla -- letters from hundreds of owners and residents, listing their addresses and their names, signing docu -- or signing a statement -- or statements in opposition to this rezoning request. And I'm -- it's hundreds of the owners and the residents. So these are hard-working men and women. These are men and women who also, you know, are deserving of a good home, are deserving of the ability to get home, are deserving of not having to sit in traffic, and are deserving of not, you know, being essentially blocked in by the thousands of cars that will be there. So I will conclude with giving everyone a copy of these letters. Commissioner Gort: Thank you. Mr. Diaz de la Portilla: Mr. Chairman -- Commissioner Gort: Give it to the Clerk also. Mr. Diaz de la Portilla: -- I'd like to take a look at the letters to verify. Commissioner Gort: Look, let him finish his (UNINTELLIGIBLE). He'll give you a copy. Commissioner Reyes: Wow. P. Alayon: So with that, Commission, I thank you for your time. What we would like to be -- in all honesty, Commission, again, we're not against development of this parcel, but we can't agree to -- Commissioner Gort: If you are not against it, I'd hate to see if you were against it. P. Alayon: Well, let me rephrase. I'm not against any development of the parcel (UNINTELLIGIBLE). Commissioner Gort: I understand you, I understand, I understand. R. Alayon: Just to be clear, keeping the eye on the ball, as some of you who are very good sportsmen do, the reality is this is about an easement. This is about them putting it through our easement instead of the property that they have there; that's all. City of Miami Page 33 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Gort: We understand. Your biggest problems is the traffic in there, and the easement in there, and (UNINTELLIGIBLE). And that's -- we're going to ask our Law Department for that. Yes, sir. You got rebuttal? Mr. Diaz de la Portilla: Yes, Commissioner. Thank you and -- Commissioner Gort: Yes; few minutes. Mr. Diaz de la Portilla: -- to the rest of you. I'd like to be able to rebut the many inaccurate statements that you heard; and again, I don't want to, you know, talk necessarily about -- Commissioner Gort: Wait a minute. Mr. Diaz de la Portilla: -- but they are inaccurate, as a matter of fact -- Commissioner Gort: Wait a minute. But let me tell you -- Mr. Diaz de la Portilla: -- as a matter of fact. Commissioner Gort: -- I have talked to a lot of people, and there's been a lot of misstatements from all sides, just coming in and out. There's a lot of ignorance on what's really going on, what's really going to happen, so please answer the questions and -- Mr. Diaz de la Portilla: Well -- Commissioner Gort: -- your rebuttal, go ahead. You got to (UNINTELLIGIBLE) rebuttal. Mr. Diaz de la Portilla: -- except that this is very important, because -- Commissioner Gort: And I understand. Mr. Diaz de la Portilla: -- I've practiced in this space for a number of years now, so I am very, very, very familiar with what Master Plans say and what Master Plans do. That, unfortunately, is not the case -- Commissioner Gort: Let me tell you how I operate, and I think my Commissioners are going to do the same thing. You got your opinion, they have their opinion, and I have my professionals in here that we pay them enough money that they can tell us what's the right answer. Mr. Diaz de la Portilla: Okay. And I will submit to you just an old saying: Everyone's entitled to their own opinion, but not to their own facts. So I will go with the facts, because I think facts matter; facts make a difference. It isn't just a matter of throwing stuff out there to try to obfuscate, okay? And I think that's a very important thing. And your own staff, your City Attorney and your Planning Director, will, by their statements, buttress exactly what I'm telling you, because they happen to be the facts. First of all, the concept of "substantial compliance" or "substantially in compliance:" Now, opposing -- counsel for the objectors made a big argument about, "Oh, 'substantial compliance,' what does that mean?" Well, it means something very specifically; it means something very specifically in law, in your Code. And so, the relation of the site plan that we are referencing in the Declaration of Restrictions and what the concept of "substantially in compliance" means, means the following: The site plan that we are submitting is a site plan that we have to be in substantial compliance of. The concept of "substantial compliance" City of Miami Page 34 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 address issues such as bulk, scale, et cetera. So if you proffer and tie yourself to that plan, you can't deviate significantly from that. Now, that's a plan at the zoning level, because every plan, of course, gets more detailed as you go through the process. When you pull your building permits, those plans are a lot more detailed. But that's the concept there; and so, what that means is that what we are depicting there will be essentially what we're going to do, because that's what that term means in law, and that's what that term means. And those of us who work in this space, whether it's Planning Directors; or architects, like Mr. Karp, and he's going to address that issue, specifically, as a rebuttal witness. So that's an important thing. The other part in the Declaration of Restrictions that is very clear -- and Mr. Alayon may not have understood this idea -- is that it says, "This isn't for the purposes of entitlements." What that means is that we still have to go through a process with your Planning and your Zoning staff to review and approve, or not approve, as the case may be, in terms of some of the finer details. It -- the Declaration of Restrictions also specifically says that's not vesting us. You're not approving a site plan, but the site plan dictates the look and feel, if you will, to a certain extent, of what we're presenting here. But we still have to go through a lot of process before your City, and before you, potentially, where they and anybody else would have rights. In terms of the actual plans -- and if you could -- and the Master Plan and what the Master Plan says. We complied with your Master Plan in what we're presenting, because that's what your Planning & Zoning Director says. He's already made that determination. He said that what we are presenting complies with the Master Plan. That's part of the record, and that's the determination that they've made. What's more, this plan that is attached to the Declaration of Restrictions has been reviewed by various departments of the City -- The City's Public Works Department, Planning Department and Zoning Department -- and they signed off on the plan. And in terms of compliance with the Master Plan, the transect, the zoning change that we're asking for is considered within the same transect; it's T6. It's not like you're changing it to TI or something else. You're changing T6-8 to T6-12; T6- 8-L to T6-12. So, again, it's considered within the same transect, and it's something that we are entitled to ask to -- for. And again, the determination has been made by your Planning Director that we do comply with the City's Master Plan, and that includes the transportation element of the Master Plan. In fact, a traffic analyst for the City, Mr. Collin Worth, looked at the plan and raised no objection to it. And I have an email to that effect that I'd like to introduce into the record and show you. So all those are, quite frankly, issues -- look for it in here -- all those are non -issues in the sense that they have been addressed by the staff, and the representations that you just heard are not accurate in terms of compliance with the Master Plan, in terms of what the concept of "substantial compliance" means. Now, in terms of the traffic study, now, Mr. Alayon is not a traffic engineer. He has no training as a traffic engineer, but you've had a professional traffic engineer from Keith and Schnars present a traffic study, which again, your staff will tell you is not required for a straight rezoning, because the rezoning where you don't have a density increase doesn't kick the need for a traffic study. We're not adding a single vehicle or a single vehicle trip to the road with the change than what we could do as it is right now. And so, Mr. Alayon, who is not a traffic engineer, made a few statements that are not accurate, and that could be misleading to you, the decision makers here; among them are that somehow, the traffic study doesn't account for this project or that project, or new projects. When you do a traffic study, you have to account for built projects, approved projects, and permitted projects -- that's called "background traffic" -- as well as background growth that you're going to have. So the reality is that you have to account for that. By the way, the 100 and -- the trips generated by 150 units per acre -- okay? -- are trips that, in essence, are not trips that can be denied of an applicant where you have them there, because, again, the level of service for Northwest 7th Street that you have set in your Master Plan is an "E"plus 20. And that traffic -- those trips per day are already accounted into that, and do not lower the Level of Service Standard that you -- that the Commission has set. So it City of Miami Page 35 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 doesn't do that, and the rezoning request doesn't change it; doesn't change any of that. As far as the number of units -- and Mr. Karp, I want him to address that -- or was it how many hotel units, and this and that -- the math has to be the math. If you -- Four plus one equals five. Two plus three equals five. Three plus two equals five. You can't exceed five. In this case, the number is the 1,035 units that you can't exceed. How is that arrived at? 150 units per acre multiplied by 6.9 acres gives you those numbers of units, and Mr. Karp can, you know, explain that in more detail. And the reality is that we've met with the folks at Blue Lagoon in good faith. We've tried to reach some kind of agreement, and we've had some conversations with the folks at Blue Lagoon to try to reach some kind of understanding. One of the things that we discussed was the possibility of an additional lane, if necessary, instead of the three lanes -- or the two lanes in and two lanes out, as opposed to one in and one out, an additional lane. But you can't draw up a set of plans and you can't study that, and you can't put all that together from Monday to Thursday of the same week. Okay? In addition, there was talk about a parking garage that they want to have on their facility, and that they wanted us to pay for, to build. And so, that parking garage is a parking garage that would cost about $8 million. So, again, we are very, very open to discussing the parking garage and figuring out a way that we can -- we'll pay -- but that we can split the revenue from it so that we can recover. But what we're not willing to entertain is just simply building an $8 million parking garage, with no return or benefit to us. That's a significant number. So we're willing to entertain that. We're willing to work with them on that to address their parking issue, but, you know, again, those are -- You know, we've had those discussions. We don't have any problem in continuing these discussions, other things that they were interested in for us to do for their property. And so, we're willing to discuss all this so that it works and makes sense for everybody. But, you know, we're trying to find that balance. Again, our request here is to be able to add three floors. We can build the exact same number of units, the 1,035 units, and we can have the block here, shorter buildings with less green space, so we can have a nicer site plan that works for everyone. And with that, I'd like to have Mr. Karp just address a few issues. Let me introduce the email from Collin Worth. Ellinette (phonetic), please hand it. This is my wife, Ellinette, who will hand it to each one of you. She's also an attorney at our firm, at Saul, Ewing, Arnstein, and Lehr, and she will add it -- give it to the Clerk. And so, this is an email from Collin Worth, Transportation Analyst, Office of Capital Improvements, City of Miami, addressed to one of the planners in the Planning Department, Mr. Efren Nunez. And it says, "Good morning, Efren. Upon review of the site plan for 7 at Blue Lagoon, a traffic study is not required for rezoning, and Transportation does not have an issue with the site plan, provided it is to be noted that a traffic study will be required for the development. Any changes that may come about as part of the process will be coordinated through Planning & Zoning." Again, the level of review now is the level that it is, and your staff has signed off. Commissioner Gort: You have made your points very good. You have made your point, and we get it, okay? Mr. Diaz de la Portilla: Okay. And just -- Commissioner Gort: And you wanted -- Mr. Diaz de la Portilla: Yes, sir. Commissioner Gort: -- to say something about the architect. Mr. Diaz de la Portilla: And now the architect will -- City of Miami Page 36 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Gort: And, you know, we got a lot of people waiting here, and then what happens when you take that long, people don't have the patient [sic]. Mr. Diaz de la Portilla: No, I -- Commissioner Gort: And then things could happen, okay? Mr. Diaz de la Portilla: -- understand, Commissioner. Commissioner Gort: All right. Mr. Diaz de la Portilla: And I'm trying to go as fast as I can, but I have to make sure that, you know, that I cover my bases. Commissioner Gort: I'm just telling you. Mr. Diaz de la Portilla: No, I respectfully -- and I take that commentary very to heart, and will wrap up real quickly. And then I would add that all these petitions that were signed, we haven't been able to verify, you know, whether, you know, these are actual folks, nor any of -- but I will tell you that among -- and I read it real quickly. It's written in Spanish, but I can read quickly in Spanish, as well as English. Chair Hardemon: Flip it on the back. Mr. Diaz de la Portilla: Basically -- Chair Hardemon: Flip it around. Mr. Diaz de la Portilla: -- basically -- Chair Hardemon: No, no, flip -- Mr. Diaz de la Portilla: Yeah, there we go. Chair Hardemon: -- the back. Mr. Diaz de la Portilla: But I read it in Spanish, in the front, because that's what I saw. But basically, these poor folks have been misled in terms of believing that somehow, this rezoning will bring more units and more density than what we can do as of right, and that is not the case; it will not do that. Or that it will have more square footage than what we can do as of right, and that's not true. So, yes, if you tell somebody false information (UNINTELLIGIBLE) -- Commissioner Gort: Yeah, yeah. (UNINTELLIGIBLE). Well, are we going to move back and forth (UNINTELLIGIBLE), but it doesn't say anything that's asking you to pay for the garage. So let's quit right now. Mr. Diaz de la Portilla: Yeah. I'll start by saying, garbage in/garbage out, to the petitioner. Commissioner Gort: Five minutes -- two minutes. Mr. Diaz de la Portilla: I've asked Mr. Karp to address a couple of issues. R. Alayon: Commissioners -- two minutes. Commissioner Gort: Two minutes, yes. City of Miami Page 37 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 R. Alayon: I understand. Mr. Diaz de la Portilla: I have Mr. Karp, too. R. Alayon: Let me just start by saying that when we, as lawyers, are unable to win on the facts or the law -- Commissioner Gort: Right. R. Alayon: -- some of us attack the other lawyer. Commissioner Gort: Okay. R. Alayon: I've not done that, and I'm not going to. But I do want to make absolutely clear, there has been no demand for a garage. There's been none of the -- Commissioner Gort: You have not had any demand for them to pay, and you're fine. We got you. R. Alayon: -- nefarious comments, no misleading anybody. Commissioner Gort: Got you. R. Alayon: Thank you. Commissioner Gort: Thank you. Okay. What do you want him to say? He knows he's -- Mr. Diaz de la Portilla: Yeah. I'll have just Mr. Karp, two minutes, real briefly. He was part of my rebuttal presentation, and I could -- Commissioner Gort: Yeah, but you took a lot on the rebuttal, so go ahead. Mr. Diaz de la Portilla: Well, but we're the applicants. Kobi Karp: Commissioner, I'll be brief. My name is Kobi Karp. I'm the architect for the project. I've had the pleasure of meeting with these young men previously; they're very nice. Merry Christmas. The bottom line is, look, when this client, Caroline, came to me, she said, "What can we do here?" I said, "Caroline, let's just build it as of right, 1,035 units. Forget about it, move on and pour concrete. Let's just do that." Caroline said, "Well, you know, Kobi, I'd like to build it a little bit taller, get a little bit more height." And I'm going to use exactly one more minute to give you my punch line. There is an opportunity here to make it a little bit better for the neighborhood, for the community, with public space and green space, which is why we met with the City staff and the City staff gave us their support, and that's what we tried to do. If that is something that we're asking that is a bit too much, which sounds like it is, then I'm sorry. As the architect for the project, we'll just move on. We have decided to accommodate the neighbors; they want it three lanes, we can do three lanes; they want four lanes, you can make it a condition, it'll be four lanes. That's not going to be the issue. The additional signage that they requested -- all of those items, we can accommodate. For hours and hours of discussion to go back and forth and tap the public time, it's really not necessary. We met with staff. I believe we have the staffs support. We had the traffic, and I believe we have the traffic -- sorry, Willy. I took more than my time. Sorry to bother you. City of Miami Page 38 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Gort: Thank you. We'll now close the public hearings. I have a couple of questions. Can you put those signs down, please, and remove all that stuff? From staff, first I'm going to ask the Attorney's Office. The easement: My understanding, they're saying nobody else has right to that easement. Barnaby Min (Deputy City Attorney): That is my understanding, as well. It's an easement that grants -- I'm assuming we've granted them intervenor status. It grants the intervenors the access to the property -- Commissioner Gort: Okay. Mr. Min: -- the use of the property. Commissioner Gort: Thank you. Planning Department, without changing the zoning, how many units can they build? Mr. Garcia: The density remains exactly the same; 150 units per acre. That is not changing in any way, whatsoever. Commissioner Gort: Without any change or doing anything, you know, try to improve any of the easement, they can still build out 1,050? Mr. Garcia: Exactly the number of units that they could build today by right; yes, sir. Commissioner Gort: By right, and they can do that? Mr. Garcia: Yes, sir. Commissioner Gort: They don't have to do anything else? They don't have to come in front of us, and they don't have to (UNINTELLIGIBLE) with the neighbors, right? Mr. Garcia: That is correct. Commissioner Gort: I'm talking to them. I'm sorry. You made your presentations. I'm talking to my professionals now. I pay them a good salary to do that. All right. I've heard from -- You can sit down; that's all right. Thank you. I've heard from a lot of the people from both sides. I heard a lot of people from the building. I know your building very well, because I go to a lot of parties there. Your President invites me there all the time, so I go there all the time, and I know the traffic pattern well. And I was thinking when this project came in front of me, I thought maybe -- that's why I postponed it two times -- to see if I could get you guys to go together and come up with a solution. I think you got a major problem coming out of the building right now. I thought this could be maybe an improvement for your building, for the people to come out and come in. One of the biggest problem you have is the traffic light in there. It takes too short of a time for new people in the building. I think you guys need to work in a lot of things in order to improve. If you work as a neighbor, I think you can do that. You can make it better for the whole community there. Now, my understanding is they can build 1,050 units right now. They could be square, they could be -- there won't be any open area. They're asking for an addition so they can have a thing and you can have some open area. 50 -- 1,035 is what they're building there, okay? Now, the other question that I have, Sunset Village, I know you have the right to -- what do you call them? -- to the easement. But you need to understand that that easement, it's been used for parking for the people in that building, the owners of that building, for the last 15, 20 years. So all of a sudden, now you got access to that easement. What are you going to do with all those people? You got to sit down with them and you got to find a solution to work out a deal. Look, let me City of Miami Page 39 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 tell you what I -- let me tell you what I'm going to do, okay? This is first reading. I'm going to make a motion for it. This is first reading; doesn't mean that in second reading I can -- I'm going to ask a lot of demands. One thing that nobody mentioned here, I want a covenant, voluntary; you're going to volunteer a covenant that you're not going to fill the lake. You are not going to fill the lake. Got you? Because if we change the zoning and you fill the lake, then the density changes, okay? So -- and now, what I'd like to do is have the -- How does a covenant works? Because a lot of people don't understand what a covenant is, and that's what goes along with the land. Chair Hardemon: It's been properly moved and seconded; seconded by the Vice Chairman. Any further discussion? Commissioner Gort: Well, I wanted to explain about the covenant. Chair Hardemon: Oh, you want him to explain the covenant? Commissioner Reyes: Yes. Chair Hardemon: Okay. That's fine. Mr. Garcia: So briefly, and what I think I'll take the opportunity to address is the comment that has been made which pertains to the level of detail that you saw in some of the renderings that were presented, and the statement in the covenant that there is going -- there is a commitment on the part of the applicant to develop, substantially in compliance with the renderings shown. Let me first say -- because this is all important -- that zoning changes or zoning action of any sort is independent of any building project; that is the law of the land, essentially. So what the applicant is doing in this case is to give everyone -- including you, of course -- a better idea of the sort of development -- meaning the massing, the scale, the articulation, the organization -- of the development they propose is to prepare a series of renderings that are accurate in terms of complying with the intent of the zoning designation they seek; and also, feasible, in terms roughly, of the location of the buildings and -- the heights and location of the buildings. That said, these plans and the level of detail they present have not been vetted; meaning, carefully reviewed by the professionals in your Building or Zoning, or Planning Departments. So we certainly would want to reserve the right to review them and hold them to compliance to all applicable regulations, which is why they must make the statement that the drawings presented to you for reference must be substantially in compliance, but not necessarily exactly as such, because some changes may have to be made, and that's perfectly fine. Commissioner Gort: And I wanted you to explain all that so everyone -- because I'm sure a lot of the residents that listen to this -- they're not here, but they're listening to it, they're looking at it on TV (television) -- I want to make sure that they understand what we're doing here; that what I'm going to ask of you, you're going to have to sit down with the people that you're negotiating with, and you guys got to go back and work as neighbors, and come up with solutions that can really improve the entrance, ingress and egress of that property. There's a way that it can be done. I mean, they could -- they're going to be willing to put a sidewalk. They might put more lanes. But if you guys sit down and work as a team, you can accomplish a lot better for everyone in there. That doesn't mean because I move it on first reading that I'm going to move it on second reading. I want to make sure when you come back in here, you have -- you're going to volunteer a covenant that the lake will not be filled, okay? And then you're going to be talking to individuals, and you come up with some plans on how to make a better egress/ingress, okay? City of Miami Page 40 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Chair Hardemon: Commissioner -- Commissioner Gort: Yeah. Chair Hardemon: -- what if the lake dries up? Commissioner Gort: You know how deep that lake is? You know how deep that lake is? Chair Hardemon: Global warming. Commissioner Reyes: They will claim it, and they will build on it. Chair Hardemon: As my assistant, Mark Stallworth, would say, "Hey, it could happen." Commissioner Gort: I apologize for taking this long with this, but I've been at this, I think, for a year and a half, and I'm aware of both sides. And anybody wants to work as a team -- but maybe now, we can get them to work as a team. Thank you. Mr. Min: Mr. Chairman -- Commissioner Reyes: Mr. Chairman? Just -- may I say something? I'm still concerned about the traffic, and I am very concerned about how it's going to spill into my -- our neighborhoods. And I -- what I want you to do is you try to get some - - try to get into an agreement trying to use that easement, and try to get some -- develop some type of exit towards 47th Avenue that then they can go and maneuver into 45th, and go up or down, or in 42nd Ave -- 47th Avenue, or 42nd Avenue. But I - - if you are -- I mean, if all the traffic comes to 20 -- I mean, to 7th Street, it's going to be a -- in my opinion, it's going to be a mess. And I agree with Commissioner Gort. You have to sit down and analyze if you need two more lanes or three more lanes, you see, but try by all means to ease the amount of -- and work with the rest of the people. You have the right to build it, you see. You have the right to build it and I think that Commissioner Gort and -- I'm in the same boat of Commissioner Gort. You have the right, and by right, we cannot take that away from you. But we can demand that you work with the rest of the community -- or the rest of the neighbors, and try to make it easier, okay? Chair Hardemon: Has PZ.1 been read into the record yet? Mr. Min: Yes, I believe so. Chair Hardemon: Okay. Mr. Min: And I'm -- Chair Hardemon: Do you have something you want to add? Mr. Min: Yes. Although I see heads nodding, to ensure that this is legally sufficient, I need the applicant to agree on the record that they are voluntarily proffering the condition that was suggested by the Commissioner. Commissioner Gort: If they don't come with it, they won't get the second reading; don't worry. Commissioner Carollo: If I may ask one question? Commissioner Gort: No. City of Miami Page 41 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Carollo: No, I do need to ask one question on the record. Francisco, let's say that they weren't here asking the request that they're making. They could build as much, from what I understand, and actually, a little more than they're wanting to build now, correct? Only, it would be fatter; not slimmer and taller? Mr. Garcia: That is exactly right, Commissioner Carollo, and let me -- Commissioner Carollo: Excuse me? Mr. Garcia: That is exactly correct -- Commissioner Carollo: Okay. Mr. Garcia: -- Commissioner Carollo, and let me be a little more specific, just to clear the record, in case reference is made to this subsequently. The straight zoning change that is being applied for, from T6-8-L to T6-12-L, would yield additional height and additional development capacity; FLR is what we call it. However, through the covenant they've proffered voluntarily, they are restricting themselves in terms of development capacity to that which we -- they could do today by right. And in terms of height, they also will not be seeking to avail themselves of the full height allowed by T6-12. They're restricting that height to 160 feet. Commissioner Carollo: But having said that, if they would instead build what they're allowed to already by law, without making the request that you very elegantly have explained better than I, what rights would we have as a board, then, on demanding what under traffic? Mr. Garcia: In that regard, sir, they would simply be subject to compliance with the Building Code and zoning regulations, full stop. It would not be presented to this board or any other public hearing board. Commissioner Carollo: Okay. So that answers one of the big questions that I had on the traffic issue, which in my mind, you know, was one of the big concerns that I think the neighbors next door were expressing. Anything else that I missed, even though I was listening in the monitor? Mr. Garcia: No. I will mention that since they are here and they are requesting this particular rezoning, and they are proposing a sort of development that we expect will be advantageous to them, and hopefully to the City, as well, it is entirely appropriate for us, the Planning Department, and for this body to raise as an issue the fact that traffic is of concern, and I think they are doing their best to address that, and we will continue to speak about it. Commissioner Carollo: Okay. All right. You threw me for a loop there. Maybe you know something I didn't. Building filling in the water, hmm. Commissioner Gort: I've had a lot of people come to me already. Vice Chair Russell: Well, I think we were in the process of annexing the other side of Blue Lagoon pretty soon, so we can talk about that later. Commissioner Carollo: Well -- Chair Hardemon: We got the County here. Commissioner Carollo: -- I guess that means that no one is going to be used as a moderator that I know, right? City of Miami Page 42 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Chair Hardemon: Seeing no further unreadiness, all in favor of the motion that's been presented, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. PZ.2 ORDINANCE First Reading 4414 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 1015 SOUTHWEST 29 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item PZ.2 was deferred to the February 28, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.2, please see "Order of the Day." City of Miami Page 43 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 PZ.3 ORDINANCE First Reading 4415 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT ZONE - OPEN, TO "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1015 SOUTHWEST 29 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item PZ.3 was deferred to the February 28, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.3, please see "Order of the Day." PZ.4 ORDINANCE First Reading 4541 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.38± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item PZ.4 was deferred to the March 28, 2019, Planning and Zoning Commission Meeting. City of Miami Page 44 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 PZ.4 ORDINANCE First Reading 4541 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.38± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes PZ.4 ORDINANCE First Reading 4541 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.38± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For minutes referencing Item PZ.4, please see "Order of the Day." Vice Chair Russell: Could we do some housekeeping first -- Chair Hardemon: Sure. Vice Chair Russell: -- before we get into it? I apologize, but I misheard Director Garcia on the order of the day. PZs (Planning & Zonings) 4 and 5, I had intended to City of Miami Page 45 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 see those deferred indefinitely; six months, rather than the three months that was placed, if the Commission is open to reconsidering that. Commissioner Reyes: Okay. Chair Hardemon: Do we have to reconsider it? Commissioner Carollo: 3 and 4? Vice Chair Russell: 4 and 5. Commissioner Gort: 4 and 5. Commissioner Carollo: Hold on. Vice Chair Russell: And -- Commissioner Carollo: 4 and 5 was -- Vice Chair Russell: It's a -- Commissioner Reyes: Land use. Vice Chair Russell: -- land use and rezoning. The applicant is not ready. It brings a lot of stress to the neighborhood when it comes back prematurely, and it's happened several times. So I'm giving them six months. And if he wants to come back earlier, we'll bring it back earlier, but he's got to be ready. Commissioner Carollo: Okay, that's PZ.4 and 5? Vice Chair Russell: Correct. Commissioner Carollo: Okay. All right. Commissioner Reyes: All right. Commissioner Carollo: That's fine. Commissioner Reyes: Now can we -- are we addressing PZ 10, 11, and 12? Vice Chair Russell: Yes, sir. Chair Hardemon: Wait. Before we get there, so -- Commissioner Reyes: We got a motion? Chair Hardemon: Right. So a motion -- so the Vice Chairman made a motion to reconsider PZ.4 and 5; seconded -- Commissioner Carollo: I second it. Chair Hardemon: -- by Commissioner Carollo. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries -- City of Miami Page 46 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Vice Chair Russell: Thank you. Chair Hardemon: -- on PZ.4 and 5. Commissioner Reyes: That's right. Chair Hardemon: The Vice Chairman has a motion for indefinite deferral for PZ.4 and 5. Is there --? Seconded by Commissioner Carollo. Commissioner Carollo: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion carries, so there's an indefinite deferral on PZ.4 and 5. PZ.5 ORDINANCE First Reading 4545 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R," URBAN CENTER -RESTRICTED, TO "T6-8-O," URBAN CORE -OPEN, FOR APPROXIMATELY 1.389 ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item PZ.5 was deferred to the March 28, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.5, please see "Order of the Day" and Item PZ.4. City of Miami Page 47 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 PZ.5 ORDINANCE First Reading 4545 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM "T5-R," URBAN CENTER -RESTRICTED, TO "T6-8-O," URBAN CORE —OPEN, FOR APPROXIMATELY 1.389 ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes PZ.5 ORDINANCE First Reading 4545 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R," URBAN CENTER -RESTRICTED, TO "T6-8-O," URBAN CORE —OPEN, FOR APPROXIMATELY 1.389 ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes City of Miami Page 48 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 PZ.6 ORDINANCE Second Reading 4945 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED APPROXIMATELY AT 3516 NORTHWEST 7 AVENUE AND 725 NORTHWEST 35 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13815 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item PZ.6, please see "Public Comment Period for Planning and Zoning Item(s)." Chair Hardemon: Can you please read into the record PZ.6 and PZ.7? Barnaby Min (Deputy City Attorney): PZ.6. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Later... Commissioner Gort: What's next? Chair Hardemon: The Commissioner from our first district, is there any discussion that you have on PZ.6 and 7? Commissioner Gort, any discussion on PZ.6 and 7? Commissioner Gort: A Jennings disclosure. I met with the attorneys and they made a presentation of the project. I think it'd be a -- the project's going to improve that area quite a bit. Chair Hardemon: Right. Do you have a motion on the project? Commissioner Gort: Move it. Chair Hardemon: It's been properly moved -- Vice Chair Russell: Second. City of Miami Page 49 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Chair Hardemon: -- and seconded by the Vice Chairman to approve PZ.6 and PZ.7. Any further discussion upon that? Seeing none, all in favor of that motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Commissioner Gort: Great presentation, (UNINTELLIGIBLE). Iris Escarra: Thank you. Chair Hardemon: Right. PZ.7 ORDINANCE Second Reading 4946 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 28 AND 29 OF THE EDEN PARK PLAT FROM "T4-R," GENERAL URBAN TRANSECT ZONE RESTRICTED, TO "T5-L," URBAN CENTER TRANSECT ZONE LIMITED, AND OF LOTS 3, 30, 31, AND 32 OF THE EDEN PARK PLAT FROM "T5-L," URBAN CENTER TRANSECT ZONE LIMITED, TO "T6-8-L" URBAN CORE TRANSECT ZONE LIMITED, FOR APPROXIMATELY 0.79 ACRES OF REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF NORTHWEST 7 AVENUE AND NORTHWEST 35 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13816 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item PZ.7, please see "Public Comment Period for Planning and Zoning Item(s)" and Item PZ.6. Barnaby Min (Deputy City Attorney): PZ.7 The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. City of Miami Page 50 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 PZ.8 ORDINANCE First Reading 5093 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), APPROVING THE THIRD AMENDMENT TO THE PREVIOUSLY APPROVED "BRICKELL CITY CENTRE SPECIAL AREA PLAN" ("BCC SAP") TO ADD ADDITIONAL PROPERTIES GENERALLY LOCATED AT 500, 602, 614, 622, 626, 630, AND 640 SOUTH MIAMI AVENUE, 11, 21, 31, 37, 45, AND 55 SOUTHWEST 7 STREET, AND 19 AND 42 SOUTHWEST 6 STREET MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; SPECIFICALLY APPROVING A) ADDING APPROXIMATELY 104,287 SQUARE FEET (2.39 ACRES) OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF 608,235 SQUARE FEET (13.96 ACRES); B) INCREASING THE RETAIL / ENTERTAINMENT AREA BY 87,284 SQUARE FEET TO A TOTAL OF 810,859 SQUARE FEET; C) INCREASING THE RESIDENTIAL COMPONENT BY 972 UNITS FOR A TOTAL OF 2,358 UNITS; D) INCREASING PARKING SPACES ABOVE GROUND BY 1,231 SPACES FOR A TOTAL OF 6,295 SPACES; AND E) INCREASING CIVIC SPACE AT THE GROUND LEVEL BY APPROXIMATELY 11,718 SQUARE FEET FOR A TOTAL OF 58,400 SQUARE FEET, THE SQUARE FOOTAGES LISTED ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF 10,948,230 SQUARE FEET OF FLOOR AREA OR PROVIDE NO LESS THAN 30,411 SQUARE FEET OF CIVIC SPACE AND NO LESS THAN 60,824 SQUARE FEET OF OPEN SPACE; FURTHER AMENDING THE BOUNDARY OF THE PREVIOUSLY APPROVED BCC SAP; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item PZ.8, please see "Public Comment Period for Planning and Zoning Item(s)." Chair Hardemon: Can you read PZ.8 into the record, please? Barnaby Min (Deputy City Attorney): PZ.8. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Later... Chair Hardemon: Our dear Commissioner in the second district, do you have any discussion about PZ.8 and 9? City of Miami Page 51 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Vice Chair Russell: Yes, I do. I'd like to move the item, and I have an amendment, as well. Chair Hardemon: All right. So you're properly moving PZ.8 -- Commissioner Reyes: Second it. Chair Hardemon: -- and 9 -- Vice Chair Russell: Correct. Chair Hardemon: -- seconded by Commissioner Reyes. And what is the amendment that you're seeking to (UNINTELLIGIBLE)? Vice Chair Russell: Well, I have met with representatives of the applicant, and this is obviously a third amendment to a very large project, as the SAP (Special Area Plan) expands. They do a lot for the City of Miami in terms of how their development goes beyond just their development. They've spent 800,000 on moving ancient trees around, instead of killing them. They've built train connectors for our Metromover, to the tune of 8, $9 million. They're touching on green space. They're touching on transit connectivity; so many things that I decided it was time to have a little conversation with them about affordability; and I know this is our very high - end area of Brickell, but to recognize what we're all dealing with in the City. I said it before earlier. We are all in this together, and the efforts we make with the world of development should help our crises, not hurt them. And we do have a crisis of housing in this City. I'm very thankful that they are proffering an effort to help us with our world of affordability. And when you think of what's going to go there, hundreds of condo units at the high end in Brickell, they are looking to help us with our world of single-family homeownership. And what we're looking at as an amendment would be a proffer from the applicant of $1 million toward our efforts in single-family homeownership and restoration. And the way they are proposing to break that up is a quarter of a million dollars to Habitat for Humanity, which can be spent in any district in this City. Basically, they need to find land, whether -- it can be County land, City land, and it can be put together. All that money can go toward that, and the other three quarters of a million towards single-family home renovation of an [sic] homeowner that qualifies in the affordability scale or veteran scale, which is -- would be vetted by the organization called Rebuilding Together. Commissioner Reyes: Commissioner -- Vice Chair Russell: So this is what they're proffering, above and beyond the community benefits that they've already put on the table, which include a connection to the riverwalk, and investing in an undersection of the bridge that will light it and decorate it, and make it much more amenable for the riverwalk; very close to and between our districts, Commissioner Carollo. They are also doing several other things within their Benefits Agreement, but this goes above and beyond in a way that meets, I believe, their obligation to the City and the square footage that they'll be gaining in this project. So that's my motion, with the amendment, and I -- this is only first reading, so we can study it further, we can look carefully, but it's something I welcome you to (UNINTELLIGIBLE). Commissioner Carollo: What -- Commissioner Reyes: Hold on a second, Joe. Let me ask you something. You see, I don't know, but I don't think that it is wise. If we are so much interested in being able to use our funds for building affordable or workforce -- affordable housing, you City of Miami Page 52 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 see, if we start divvying up -- you know, if there is -- they are proffering $1 million, and then we take $250, 000 and give it to Habitat for Humanity, 250 of that, you see, what that's doing is reducing our ability -- capability, you see, of leverage; that we can leverage those funds. I mean, my idea when I first came here and I proposed that -- and just as Commissioner Carollo -- we start a fund, you see, a fund that will be used for affordable housing, it is to have enough funds in there to leverage that (UNINTELLIGIBLE) you can do a project, you see. We can find land, and then we use those funds to leverage, and then to build. But if we start, you see, dividing the money and -- I mean the funds and all of that, that reduces ability -- or capability of doing it. I'm proposing that we use that million dollars -- and there is other funds that have been set aside now that have been proffered from other developers -- and leave it there, and then we'll use it when we have our housing development plan in place. We can add it up to the bonds money, or maybe we can use it with the Department of Housing, sir. I just want you to consider that, because what -- but, you know -- but doing it like that, we are diminishing our capability of doing something that would be permanent ownership. Maybe we can do it and use it to leverage on land purchasing, or if we have a piece of land, that plus other funds, so we can build some condominiums, you see, and whatever we decide. But I don't agree on chopping it, neither, on, you know, 250 for this district and 250 -- I don't believe that will be smart for us to do, sir. Commissioner Carollo: On this one -- Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: -- Commissioner Russell, I have to agree with Commissioner Reyes. We need to keep all that money together, because if not, we're not going to be able to accomplish anywhere near what we could -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- if we have a whole pot together. I'm not even sure if what they're proffering -- but this is first reading -- is adequate or not. I do remember something to the effect of a fire station some time ago. What happened with that? Vice Chair Russell: That's in there, as well. Commissioner Carollo: Yeah. Okay. That's part of it? Vice Chair Russell: Yep. Commissioner Carollo: Okay. All right. Good. Vice Chair Russell: This is above and beyond their proffer. It's -- and that's why this is -- I don't feel that I've got the leverage to tell them, in a sense, of what and where. They're on the board of Habitat for Humanity. It's something that they care about and that they work on. Commissioner Reyes: But you can suggest it. Vice Chair Russell: The Rebuilding Together actually already works in all of our districts, and they actually already have identified a universe of homes in each of our districts, and the total is over a hundred homes that have already applied to them that are affordable; that the owners are in the affordable level; that the homes need renovation and help, and they would divide that amount equally amongst our districts, and you can work directly with Rebuilding Together. I've worked with them before. Their President is here today to answer any questions on how they operate. City of Miami Page 53 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 It's a very reputable company that vets the houses, vets the projects, vets the families, finds the resources. They leverage like crazy, because that three quarters of a million dollars, the labor will be done by volunteer work. The supplies will be volunteered by -- I mean donated by companies. That money goes more toward the contractors they have to hire to do more heavy -lifting work, if someone needs a new roof or, you know, impact windows, or something like that. I know it may not be the ideal of -- I mean, I would have loved inclusionary zoning at Brickell City Centre. But I think that we can look at something when it's offered to us and say, you know, "This is not a bad thing," and it's something that they -- Commissioner Reyes: I'm not saying it's a bad thing. Vice Chair Russell: -- it wasn't in their original concept, so I really appreciate it from them. Commissioner Reyes: What I'm saying is let's use it smart. Let's be smart about it. Let's have a business mind and see how -- what -- how we can get the best bang for the buck. I know that maybe -- well, Commissioner Carollo understands. I just don't know that -- Gort also, being in the affordable housing development, and the Chairman, also. You see, the best -- what we have to do with those funds is to get the best bang for the buck; how we can use it more efficiently, you see. How can we use it? How -- what can we obtain with those funds? And that is my take. I mean, that's my proposal. Chair Hardemon: So there is a motion and a second on PZ.8 and 9; want to make that clear for the record. Mr. Min: And that amendment only applies to PZ.9, which is the Development Agreement. Vice Chair Russell: Correct. Chair Hardemon: So further discussion? I'm going to -- Commissioner Carollo: There is. (UNINTELLIGIBLE). Chair Hardemon: -- call attention to Commissioner Gort. Commissioner Carollo: Okay. Commissioner Gort: Couple of question. Can you give me the breakdown again? Vice Chair Russell: Of the additional proffer? Commissioner Gort: Yeah. Vice Chair Russell: So it's a one -million -dollar total. $750, 000 would go to Rebuilding Together, and they would work with each Commissioner equally to -- for that amount to identify single-family homes in your districts that could use renovation. Commissioner Gort: For repair and improvement, and renovation? Vice Chair Russell: Repair and renovation of a home that must qualms by an affordable owner. Commissioner Gort: Okay. City of Miami Page 54 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Vice Chair Russell: They own -- they must own the house, must be affordable. I believe veterans also can apply. But they'll work directly with you, as a Commissioner. This is not something they just go off on their own. And then the other 250,000 of the million would go to Habitat for Humanity. They obviously work a little differently, where they try to build a home from scratch on land that is contributed, either from the City, County, or wherever they can find it. So that would be available to any district to -- where we can find the land first, where it's appropriate. Commissioner Gort: Now how fast can we get this done? For example, 750, and how many homes do they project that they can take -- be taken care of? Vice Chair Russell: The President of Rebuilding Together is here. He could probably answer those questions. Commissioner Gort: Okay. Travis Ranville: Hi. Good evening. Chair Hardemon: I'm sorry. Go ahead. Mr. Ranville: Good evening. Thank you guys for having me. I really appreciate being here. My name is Travis Ranville. I'm the Executive Director of Rebuilding Together Miami -Dade. And just to let you know what we do, we repair and renovate homes for low-income, elderly, veteran, disabled homeowners throughout Miami - Dade County. We approximately do 75 to 80 homes a year. And our goal is twofold. One, we're looking to provide safe and healthy housing for the homeowners we work with, but we're also looking to provide affordable housing. Our average homeowner has an income of $21,000 a year, and is around 69 years old. And so, these are homeowners who -- they have to make the horrible decision, "Should I put a new roof on my home, or should I pay for medicine this month?" And our organization doesn't want them to have to make that decision. We have homeowners who've applied and inquired for our program throughout each of your districts. There's a huge need for our services. And in my opinion, it's a great investment, because let's say, for example, Commissioner Reyes, you give us $1. We're able to turn that into 2 or $3 through our network of donors, our in -kind suppliers, our massive network of contractors we work through. So it's a really good investment, and we work very closely with the homeowners, as well as the Commissioners to provide what's best for your neighborhood. Commissioner Reyes: More to my favor if I gave you a million dollars and you turn it into three. Mr. Ranville: I'm not going to say three, exactly, but we could probably -- Commissioner Reyes: It's more to my favor. And then, instead of just -- I mean, we can build maybe six, seven, eight units for new owners. I don't know. Commissioner Gort: Wait a minute. Commissioner Reyes: You see? I mean, more to my favor. Commissioner Gort: According to what he's saying, $750,000 can produce for you at least 17 --1.7 million? Commissioner Reyes: Yes. City of Miami Page 55 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Mr. Ranville: Can you repeat that one more -- oh. Can we turn that into 1.7 million? Commissioner Gort: Yeah. According to -- for each dollar, you raise three. Commissioner Reyes: That's right, three. Mr. Ranville: If we can't get exactly to that, we can get pretty dang close. Commissioner Gort: Okay. The question is, what is your average cost of fixing homes? Mr. Ranville: Right now, our average home, we invested about 20 to $25,000 per home. Previously, we did a lot of beautification and landscaping, but what I've really focused on since I've taken over as Executive Director is critical home repairs. Thing -- this money would be used for roofs, hurricane impact windows, ADA (Americans with Disabilities) bathrooms, because we can get things like painting and landscaping donated. We can get flooring donated. But you can't have volunteers put a new roof on a home. You can't have them install impact windows. And that's what really provides these homeowners and their families with a safe and healthy space they can come home to. For example, we recently did a homeowner in West Perrine, and she said for the first time in five years, she could come into her home and -- it started raining, and she didn't have to worry about the rain for the first time in over five years. And that's -- these are the sort of people we're looking to help; people who need it the most, and who really are not only looking out for themselves, but their families and their communities. Commissioner Reyes: Well, if we give them $750,000, then that will be converted in two point -- Commissioner Gort: According to the figures that I got -- -- Commissioner Reyes: -- 2,100, 000. Commissioner Gort: According to the figures I'm looking at, they can produce -- rehab 40,000 homes. Commissioner Carollo: No. Commissioner Reyes: No, no, no. Mr. Ranville: No, no, no. 40,000 homes for that amount, that would -- I wish we could. No, that's not correct. Commissioner Gort: One point -- Vice Chair Russell: 750. Commissioner Gort: No, no. I'm talking about one point -- no. I'm talking about 1.3. Commissioner Reyes: 1.3 (UNINTELLIGIBLE). Commissioner Gort: He'll get us 750 for them, and then he's going to raise an additional three or four hundred thousand. City of Miami Page 56 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Mr. Ranville: At least, yes; that's correct. Commissioner Gort: Okay. Commissioner Reyes: If we give -- Commissioner Gort: So divide 1.2 by 25. Commissioner Reyes: -- 2,100, 000. Commissioner Carollo: Look, Habitat for Humanity is a firm that -- nonprofit that we all know. In fact, it's known worldwide. And even with them, I'm not thrilled that we're giving 250, 000. How long have you been in business? Mr. Ranville: We've been in business since Hurricane Andrew. We're actually a nationwide organization, similar to Habitat, but we've been around since Hurricane Andrew. As I previously mentioned, we used to do a lot of minor repairs, and my focus has been to grow the model. Commissioner Carollo: How long you been around? Mr. Ranville: I've been with Rebuilding Together in Miami for five years; one year in New Orleans. Commissioner Carollo: Okay. So you haven't been around since Hurricane Andrew. Mr. Ranville: I have not personally been around since Hurricane Andrew. Commissioner Carollo: I didn't think so. Where are your office located at in Miami - Dade? Mr. Ranville: Right now, we're located across from the University of Miami, but we're looking to move into the West Grove, just because we feel it better fits our profile, and we've done a lot of work in the Grove. Commissioner Carollo: Who may I ask do you know in the Swire Company? Mr. Ranville: Yes. Sorry. Who do I know? Commissioner Carollo: At the Swire Company. Who is your contact in the Swire Company to -- that contacted you or you contacted them? I'm trying to figure out how this worked. Vice Chair Russell: I introduced them this evening. Commissioner Carollo: All right. Well, I don't need to go any further. You know, I'm not doing this exercise to fight with you or anything else. I think we're doing good bonding together that was started today, so that's not where I'm going. Look, I'm sure you have the best interest. You might think you could get all this extra money and so on, but I feel extremely uncomfortable that we're going forward setting precedents when there's so many strings attached for that million dollars. And, you know, I could just see the body language on Neisen back there, and I knew he didn't bring you into this; that's why I asked about the Swire Company. And -- Mr. Ranville: If you don't mind if I give you a quick example real quick, we've done a lot of work with Commissioner Daniella Levine Cava over the past years. She's City of Miami Page 57 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 given us approximately $400, 000 to do that work down in Leisure City. We've turned that into over -- an investment of over $850, 000. Commissioner Reyes: That's two (UNINTELLIGIBLE). Commissioner Carollo: And I'm sure that you have. I'm not questioning that, because I really don't know who you are, who your firm is. And I'm sure that Commissioner Russell has the best intentions in this, and I mean that sincerely. But I just feel very uncomfortable that we're getting away from what we've been talking about since we, as a group, have come together a year ago. I want the City to be in control of whatever monies we get donated, because I will tell you right now, while there are a lot of people -- yes -- that do need help on renovating their homes, they can't afford it. We also have a much, much bigger problem; the people that -- Commissioner Reyes: Don't have a place at all. Commissioner Carollo: -- don't have a place at all. Commissioner Reyes: Yeah. Commissioner Carollo: And -- Mr. Ranville: I agree. Commissioner Carollo: -- with some of the plans that I'm looking at to do, that money, a million bucks, can go a long way in helping a lot of people get into a home that they're going to own. Mr. Ranville: And to be frankly honest with you, a lot of these homeowners we help, if they weren't helped, they wouldn't be able to hold on their homes, and they would be homeless, as well, unfortunately. Commissioner Carollo: Well, there might be some, and I don't doubt that, but I think, for the most part, you will find a lot of people that will live in the conditions that they have a house in. A lot of these conditions, while, obviously, we would like to help them, are not situations in many homes that would prevent people from being able to live in them. Mr. Ranville: And I -- frankly, I do wish that was the case, but when you're a 80- year-old homeowner who has to have a tarp on their bed every night, I mean, and you can't afford to pay medication, how do you expect to hold onto your home? I mean, it's -- we're literally the difference for a good amount of these homeowners between being on the streets. Commissioner Carollo: Well, look, if you want drama, I could give you a lot more drama if you go my way, believe me. Mr. Ranville: I mean, you can call it drama, but it's just the facts, I mean, unfortunately. Commissioner Carollo: Well, there are a lot of facts in our City, in each one of our districts; some might differ, but there are a lot of facts in each of our districts. Mr. Ranville: And I understand your need, as well. I mean, it's -- there's a large need in your district and throughout Miami for affordable housing. And obviously, we want to spend the dollars the way you guys want to spend the dollars, because ultimately, you know your community better than I do in a lot of cases, so. City of Miami Page 58 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Carollo: You're absolutely correct. Vice Chair Russell: Commissioner Gort. Commissioner Carollo: What part of the country are you from? Mr. Ranville: Originally, born in Fargo, but from Washington State. Commissioner Carollo: Okay. All right. Vice Chair Russell: Commissioner Gort. Commissioner Carollo: You've been a transplant here for -- what? -- the last six years or --? Mr. Ranville: Yeah; a little over five years, so. Commissioner Carollo: Okay. Vice Chair Russell: Commissioner Gort. Commissioner Gort: Let me ask a question. I understand you got to work a lot with our Building Department, that we can confirm? Anybody here from Building? You've done a lot of work within the City of Miami, right? Mr. Ranville: What's that? Commissioner Gort: You've done a lot of work within the City of Miami? Mr. Ranville: Yeah. I've worked Alfredo Duran, PHCD; and so, we've done a good amount of stuff with them. Commissioner Carollo: Which Alfredo Duran? There's a lot of them. Is that you? Okay, come up. Commissioner Gort: Question, Alfredo: One of the biggest problem we have -- I have -- Commissioner Carollo: How many houses have you worked with him on? Alfredo Duran (Deputy Director, Community and Economic Development): The City of Miami -- Commissioner Carollo: Yeah. Mr. Duran: -- has worked with Rebuilding Together. Their previous Director, Donna Fales, received contracts from District 2, from District 4, under their CDBG (Community Development Block Grant) Program -- Commissioner Carollo: Right. Mr. Duran: -- to rehabilitate homes for the elderly, and they did that. I believe, currently, they're working with District 2 on some CDBG -- Chair Hardemon: I think they've done something in District 5, as well. I think there's a house at about -- City of Miami Page 59 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Carollo: How many -- Chair Hardemon: -- 50th Street or so. Mr. Ranville: Yes, we -- that's correct. Commissioner Carollo: -- houses have they worked on? Mr. Duran: Right off the top of my head -- They would probably know better than I. Commissioner Carollo: Approximately? Mr. Duran: Maybe 30. 30. Commissioner Carollo: Okay. Over what span of time? Mr. Duran: They, in one district, did some weatherization type of things, and ADA compliance type of things. With him, we're working recently now with some houses that they're doing in the Grove. So we have had some experience with them, and they do what they say they're going to do. Vice Chair Russell: They're also working with the St. John CDC (Community Development Corporation) in the Omni area, in D5 (District 5), on the border. I was introduced to them when I came to office, and I met Donna Fales, and we started utilizing our CDBG funds. I did not know them at the time. It's been such a good experience for the residents; for me, as a Commissioner, that I really want to share it with all of you, and for you to get a chance to see. They're -- the only thing that's held them back is funding and capacity. Commissioner Carollo: Well -- Vice Chair Russell: And so, for this to go forward, I think it would really expand this concept, not just of the traditional, "Let's build new towers or housing and" -- but really recognize that there are people holding onto housing right now that's just holding on, and that's a very efficient spend of our funds to keep them in those houses instead of going through the homeless cycle, finding housing for them again, and all of that. So it's -- I -- it -- I didn't know about it before. It's been such a win for me that when they said they were interested in that, they were working with Habitat for Humanity, as well, I introduced them to Rebuilding Together, and they proffered this (UNINTELLIGIBLE). Commissioner Gort: Let me tell you -- Commissioner Carollo, let me tell you one of the biggest problem I have in my district. It's a lot of illegal units taking place. We have an immunity program where people can come back and organize their home, fix their home, and take care of whatever problem they have with it. And I think this -- that could be very useful in my district, because a lot of the people, what's happening -- what's taking place is -- that's why I asked a lot of questions about working with the City. You have all these people that want to do the right thing. They want to comply with all the zoning requirements and so on. They hire architects, they hire all kinds of individuals that take their money and never produces anything. So we really -- I met him in my office, and I would suggest it to the Building Department, they need to put something together where people could go there and says, "Look, I'm going to go to the Amnesty Program, and I want to do" -- "I want to fix my home." Commissioner Carollo: Yeah. City of Miami Page 60 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Gort: "But I need someone that I can respect and I know I'm going to be insurance." Commissioner Carollo: But can -- look -- Commissioner Gort: And listen to this. Commissioner Carollo: -- I expressed my opinion on how I think we should leverage monies like this. Now, if a majority feels different, I respect that; that's democracy. But I would ask this: That at least we have a million dollars there that we're supposed to divvy up, from what I heard. Commissioner Reyes: Yeah. Commissioner Carollo: Then let each of us decide with those dollars how we want to go about it. And those that want to go this route or another route, that's fine. I mean, I heard here that we're going to be dividing up the money for each district, so if this is the route that the Commission wants to take, give me for District 3 my 200,000, and, you know, I'll meet with him, and if I see that's the route to go, we'll use him; if not, we'll use it in acquiring more property or in fixing properties in a different way. Commissioner Reyes: If we are going to divvy it up -- Commissioner Carollo: Yeah. Commissioner Reyes: -- let's do it, but I don't think it's smart. Commissioner Carollo: I don't think it is, and I'm -- Commissioner Reyes: I agree with you. Commissioner Carollo: -- agreeing with you. But if -- Commissioner Reyes: If they decide -- Commissioner Carollo: -- a majority feels differently -- and I heard here several times that he was going to divide it up. Well, let's divide it all up, the whole million - Commissioner Reyes: Yeah, you're right. Commissioner Carollo: -- and, you know, you could use 200. You could do what you've done; use your 200 there. The Chairman could use his 2. And I'll sit with him. I'll talk to him, see what he's got; and then, I'll make that decision in my district. Commissioner Gort: No, I want to do the same thing, because I've been looking for someone that I can -- that can be recommended -- or we can work with in my -- with the residents that we can have faith in, because a lot of our people are being taken. Commissioner Carollo: But the one thing I'll assure you is, I'll leverage those 200 to a lot more than you will. Mr. Ranville: I have no comment on that. City of Miami Page 61 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Vice Chair Russell: This is a voluntary proffer from the -- Mr. Min: It's actually the Development Agreement. Commissioner Gort: The motion -- Mr. Min: It does not need to be proffered; it's something that you can negotiate as one of the parties to the Development Agreement. Vice Chair Russell: Understood. Understood. Commissioner Carollo: Well, the -- I understand it, but Neisen is -- I know you're getting bored here, but does the -- your client -- let me rephrase it. Mr. Ranville: Thank you, guys. I really appreciate that. Commissioner Carollo: Thank you, sir. I'm assuming that you're in a position to speak to your client on this. Would your client have any problems in that million dollars, that 200,000 goes to each of the districts for Commissioners to spend it in either refurbishing housing or acquiring housing, whichever way it sees fit, including going through this firm or using Habitat for Humanity? Neisen Kasdin: Mayor Carollo, Neisen Kasdin; Akerman, representing Swire Properties and its affiliates on this application. I'll answer your question in this way: First of all, I -- Swire has had a long tradition in this community of supporting affordable housing in the over 30 years since it first developed Brickell Key. Commissioner Carollo: Well, I know that. Mr. Kasdin: No, no. Commissioner Carollo: How long you've been representing them? Mr. Kasdin: A number of years. Commissioner Carollo: What's a number of years? Mr. Kasdin: Not as long as you know them. Commissioner Carollo: Okay. That's why I'm asking. Mr. Kasdin: Not as long, because you know what they -- Commissioner Carollo: City Attorney, when -- he knows where I'm going. Mr. Kasdin: -- did in Little Havana, supporting a project there, affordable project. They have supported on their own Habitat for many years. The answer to your question is Swire would be willing to go, with the direction of this Commission. We don't want to be the one to decide. Commissioner Carollo: Okay. So -- Mr. Kasdin: We do -- we have a long history of working with and supporting Habitat, and that's -- Commissioner Carollo: Well, Habitat is -- it's a fine organization; it's one that I know --and I could only speak well of them -- here in Miami, in the United States, City of Miami Page 62 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 and outside of the United States, but that's not the issue at hand. And I think you've answered the question; that Swire would be willing to take the lead of this Commission. So if you could work out with them whatever needs to be worked out so that the way it would be described is that you have your million dollars that you're giving, and that 200,000 is going to go to each Commission district for either rehab or new construction of properties or acquiring land for building properties. Mr. Kasdin: I mean, what -- again, Mayor [sic] Carollo, whatever this Commission -- if this Commission decides it wants to put all million in one place -- Commissioner Carollo: I understand, but -- Mr. Kasdin: -- or fund or divide it where -- Commissioner Carollo: -- I understand that, but since Swire is offering this, this is the way that it has to be done. Swire has to offer that to us in that fashion, and I think you know where I'm coming from. Mr. Kasdin: Yeah. Well, if this Commission -- well -- and as the City Attorney correctly pointed out, this really isn't a proffer. This is an offer that's part of and will be incorporated in the Development Agreement before second reading. So as I am saying is, if this Commission directs us -- their -- directs its staff to say this is the way they want to negotiate it, fine; if -- other way, fine. Commissioner Carollo: Mr. City Attorney? Mr. Min: Yes, sir. Commissioner Carollo: Can you help Neisen here and help me so that --? Mr. Min: If I understand the consensus of the body, it would be a one -million -dollar contribution to the City for affordable housing purposes, which will be evenly distributed between the five districts. Commissioner Carollo: That's right. Vice Chair Russell: That is not what the original consensus was. That was not what the motion or the amendment was. Commissioner Carollo: Well, this is what I'm asking. Vice Chair Russell: I understand that. Commissioner Carollo: Sure. Vice Chair Russell: Because that -- they were going to not give to the City, but directly to the not -for -profits, I believe; and then, if we want to do it differently -- Commissioner Carollo: Yeah. Well, that -- Vice Chair Russell: -- then we choose directly the not -for -profits to keep -- Commissioner Carollo: -- that's what I'm asking. But then, each of us could go directly to the non -- Vice Chair Russell: (UNINTELLIGIBLE), but that's the way it was meant. City of Miami Page 63 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Carollo: Yeah. But each of us could go then directly to the not -for - profit; that nothing is preventing us from doing that. I just want to make sure that District 3 gets its 20 percent. Vice Chair Russell: Oh, yeah, it will, either way, for sure, because this is meant to be divided by -- Commissioner Carollo: Well -- Chair Hardemon: But if they're -- Vice Chair Russell: -- throughout the City. That's the way it was -- Chair Hardemon: -- willing to follow the direction, the question is whether you would be amenable to what Commissioner Carollo has proposed. Vice Chair Russell: This -- and I'm open. Mr. Kasdin: No, we want it to be used for affordable housing. And I must also state for the record that it would be paid upon issuance of the building permit. That would be the point in time in which it would be paid. Look, they have a long track record, as you know better than even I know, of their support for affordable housing and good works in this community. They want to support affordable housing, they want to support it citywide, and they're willing to do it, and incorporate it in the agreement. Commissioner Carollo: Can I ask you on that little -- when it will be paid, when do you foresee in this phase that a building permit might be issued? Mr. Kasdin: It is market -dependent, of course, because there will be 'for sale" units there. Commissioner Carollo: Yeah. Mr. Kasdin: So it is -- and I don't -- we don't know the answer. We don't have a crystal ball, but we're probably looking at some time in a two- to three-year period, I would say. Now, one thing I would also note for the record is, unlike many who come before this Commission, no one has delivered like Swire has delivered in this community in terms of their projects. Commissioner Carollo: We're not -- Mr. Kasdin: Yeah. Commissioner Carollo: -- you know, questioning that, Neisen. Mr. Kasdin: No, I understand. Commissioner Carollo: They're a fine company. Mr. Kasdin: And that they're doing this, not for speculation, but to actually build the -- this project. Commissioner Carollo: Yeah. We're -- we know Swire; they're a fine company, and that's not a question. City of Miami Page 64 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Vice Chair Russell: So when I negotiated this with them, it seemed to me very important to them that they could sort of hang their hat on a large initiative that would be sort of a single concept; just like they're doing $600,000 to the Underline. It's one thing they can say that they have achieved through their contribution. And that's why I got the sense that many, many different things might not be as attractive to their investment of what they're trying to do -- Commissioner Carollo: Actually -- Vice Chair Russell: -- but the single-family concept, $1 million, this -- Commissioner Carollo: -- actually -- Vice Chair Russell: -- homeownership and renovation, that -- I think that's what they were going for. Commissioner Carollo: -- they're going to get a bigger bang for their money, because each of us is going to be very creative within our district, and we're going to come up with some wonderful ideas, above and beyond anything that's been described here, and I'm sure each of us is going to leverage that money even more -- Vice Chair Russell: This is for -- Commissioner Carollo: -- once we get it, three years from now. Vice Chair Russell: -- it's first reading. I think the intention is pretty common amongst us about what we're hoping to achieve with this. Nothing we're saying is different from each other in terms of the amount that gets divided. We're working on how to -- where it goes and what it does, so if we can -- Commissioner Carollo: No, but there is a difference -- Vice Chair Russell: I agree, but we have another -- Commissioner Carollo: -- who is going to be issuing the checks and how it gets out there is a big difference. Vice Chair Russell: We have a month to get the details right, I would say, but if we could agree on an amendment that accepts into the Development Agreement a -- the Benefits Agreement a one -million -dollar contribution that will be divided equally amongst the districts, and between first and second, I think we can get the details that make you comfortable. Commissioner Carollo: I just want to be clear. I will vote on it now and in second reading only if it's given equally to each district, and we could put the caveat there that it would be for affordable housing, whether by buying property, renovating property, or building new properties. Vice Chair Russell: I like that. Mr. Min: Mr. Chairman? Vice Chair Russell: I'll accept that change to the amendment. Mr. Min: If I -- I mean, I don't like to get involved in negotiations, but I'm looking out for your best interest. As you know, a million dollars today is very different from City of Miami Page 65 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 a million dollars tomorrow. Do you want to attach the CPI (Consumer Price Index) ? Vice Chair Russell: What are we looking at realistically on a timeframe for this? Mr. Kasdin: As I said, it is market -dependent when they'd be able to come out of ground. We may be looking at two to three years before commencement of construction. Commissioner Carollo: Neisen, it's only $1 million. I mean, Swire Company is a major, major international firm. Come on. You know, go back to your clients. Now is when we need it the most. I mean, I'm sure -- Vice Chair Russell: I'm happy with the flat million dollars. By the time that million's worth something different, so will be the cost of concrete. So I think a million dollars is very fair. I -- and like I said, we're on first reading. We have a month to get any other details correct, but I'm very happy with the changes to the amendment, and I hope that you are, too. Commissioner Carollo: Okay. Mr. Kasdin: We will certainly accept it, and -- Chair Hardemon: That's all we need to hear, then. Mr. Kasdin: Right. To be clear, though, (UNINTELLIGIBLE) payable building permit, because we can't -- if the project does not go forward, that's a whole 'nother scenario. Vice Chair Russell: Well, the -- but the SAP would be in tact with the value, right? Because if, for whatever reason, it doesn't come to fruition, and you sell the land, it will still have the entitlements attached. Mr. Kasdin: Well, there's a -- I don't think there's authorization from the corporate headquarters to do that, because, remember, that becomes a project cost. At the point in time that they go forward, they'll be building units. They'll be hopefully realizing a profit on the sale of those units. Until then, they have, in essence, vacant land -- or almost vacant land. Chair Hardemon: So they don't want to -- so the company does not want this approved? Mr. Kasdin: Excuse me? Chair Hardemon: They don't want this approved? They don't want this approved? Mr. Kasdin: They don't want to --? Chair Hardemon: Get the SAP approved. Mr. Kasdin: Oh. Of course, they want it approved. Chair Hardemon: Okay. Then they probably shouldn't be pegged upon a -- Vice Chair Russell: I think we're very close. I understand your concern on a cash flow basis, but I think you do recognize that once the entitlement is conveyed -- I'm City of Miami Page 66 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 not saying immediately, but I think tying it to the permit might be risky on behalf of the City and the affordable housing -- Mr. Kasdin: I think that's the way -- if I'm -- it's typically done in most jurisdictions where it's tied to the permit. Chair Hardemon: But can't it be upon -- it can be timely. Commissioner Carollo: Can I -- Chair Hardemon: We can make it upon timing. Commissioner Carollo: -- give you --? Chair Hardemon: I mean, after all, my first day on this dais, we negotiated payments to a City Revitalization Trust from Bayside; one was based on timing, and then the other was based upon building permits. Mr. Kasdin: We could certainly discuss that, Mr. Chair, between now and second. Vice Chair Russell: And I believe the Administration can work with that and bring us something on second reading that is safe for the City, makes sense for the applicant. I really wanted just to capture the spirit of it today to move on first reading, and then we can work on some of those details. Commissioner Carollo: I trust the Chairman negotiated more. I think he's learned quite a bit here the last year. Chair Hardemon: Now he -- well, he's bring a million dollars. I mean, I applaud that, so thank you, you know. Vice Chair Russell: Thank you. Chair Hardemon: Okay. So it's been properly moved and seconded with amendments, right? And so, between -- we'll see it back. I'm not going to add any more details to the record. You have a question? Anyone has any questions? All right. Seeing none, all in favor of approving PZ.8 and PZ.9, as described on the record, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Todd B. Hannon (City Clerk): PZ.9 amended. Chair Hardemon: Yes. City of Miami Page 67 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 PZ.9 ORDINANCE First Reading 5090 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), APPROVING A SECOND DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES, BETWEEN TOBACCO ROAD PROPERTY HOLDINGS, LLC, BCC ROAD IMPROVEMENT LLC, 2 INDIAN CREEK HOLDINGS LLC (TOGETHER THE "APPLICANT"), AND THE CITY OF MIAMI, FLORIDA, TO GOVERN THE THIRD AMENDMENT TO THE PREVIOUSLY APPROVED BRICKELL CITY CENTRE SAP ("BCC - SAP") BY EXPANDING THE BOUNDARIES TO ENCOMPASS TWO ADDITIONAL BUILDING SITES IDENTIFIED AS "BCC-650 SMA" AND "BCC -AP" COMPRISED OF THE PROPERTIES LOCATED AT APPROXIMATELY 500, 602, 614 AND 622-640 SOUTH MIAMI AVENUE, 11-55 SOUTHWEST 7 STREET, AND 19 AND 42 SOUTHWEST 6 STREET, MIAMI, FLORIDA, BETTER DESCRIBED IN "EXHIBIT A", FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE BCC SAP AND PERMITTED BY THE EXISTING T6-48B-O TRANSECT DESIGNATION; THE AMENDMENT IS PROPOSING: A) ADDING APPROXIMATELY 104,287 SQUARE FEET (2.39 ACRES) OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF 608,235 SQUARE FEET (13.96 ACRES); B) INCREASING THE RETAIL / ENTERTAINMENT AREA BY 87,284 SQUARE FEET TO A TOTAL OF 810,859 SQUARE FEET; C) INCREASING THE RESIDENTIAL COMPONENT BY 972 UNITS FOR A TOTAL OF 2,358 UNITS; D) INCREASING PARKING SPACES ABOVE GROUND BY 1,231 SPACES FORA TOTAL OF 6,295 SPACES; AND E) INCREASING CIVIC SPACE AT THE GROUND LEVEL BY APPROXIMATELY 11,718 SQUARE FEET FORA TOTAL OF 58,400 SQUARE FEET. THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF 10,948,230 SQUARE FEET OF FLOOR AREA, OR PROVIDE LESS THAN 30,411 SQUARE FEET OF CIVIC SPACE OR LESS THAN 60,824 SQUARE FEET OF OPEN SPACE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item PZ.9, please see "Public Comment Period for Planning and Zoning Item(s)" and Item PZ.8. City of Miami Page 68 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Chair Hardemon: Can you please read PZ.9 into the record? Barnaby Min (Deputy City Attorney) : PZ 9. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. PZ.10 ORDINANCE First Reading 5094 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 2512, 2522, 2534, 2542, AND 2550 SOUTHWEST 1 STREET AND 2515, 2527, 2535, 2541, AND 2551 SOUTHWEST 2 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item PZ.10, please see "Public Comment Period for Planning and Zoning Item(s)." Chair Hardemon: Madam City Attorney, can you please read into the record the titles for 10, 11, and 12? Victoria Mendez (City Attorney): PZ.10. The Ordinance was read by title into the public record by the City Attorney. Later... Chair Hardemon: Commissioner Carollo, do you have a motion to approve PZ.10 and 11? Commissioner Carollo: I do have a motion to approve PZ.10 and 11. Commissioner Reyes: Yeah, I will second. Chair Hardemon: Is there any further comment on PZ.10 and 11? Seeing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. City of Miami Page 69 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Chair Hardemon: All against? That motion carries. Commissioner Gort: Great presentation. Melissa Tapanes-Llahues: Thank you. Chair Hardemon: They should be coming on with -- Vice Chair Russell: We have a motion on 12. Commissioner Reyes: Great presentation, Ms. Tapanes. Ms. Tapanes-Llahues: I appreciate it. Commissioner Reyes: You are a great attorney. Ms. Tapanes-Llahues: Thank you, sir. I appreciate it. PZ.11 ORDINANCE First Reading 5096 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, Planning FLORIDA, AS AMENDED ("MIAMI 21"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUBURBAN TRANSECT ZONE - OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE -OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 2550, 2542, 2534, 2522, AND 2512 SOUTHWEST 1 STREET AND 2551, 2541, 2535, 2527, AND 2515 SOUTHWEST 2 STREET, MIAMI, FLORIDA, AND BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN TRANSECT ZONE -LIMITED, TO "T4-O," GENERAL URBAN TRANSECT ZONE -OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 2612 AND 2600 SOUTHWEST 1 STREET AND 2611 AND 2601 SOUTHWEST 2 STREET, MIAMI, FLORIDA, WITH ALL PROPERTIES MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; APPROVING THE REQUEST TO WAIVE THE EIGHTEEN (18) MONTH TIME LIMITATION AS SPECIFIED IN ARTICLE 7, SECTION 7.1.2.8(G)(7) OF MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item PZ.11, please see "Public Comment Period for Planning and Zoning Item(s)" and Item PZ.10. Victoria Mendez (City Attorney): PZ.11. City of Miami Page 70 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 The Ordinance was read by title into the public record by the City Attorney. PZ.12 ORDINANCE Second Reading 4669 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM," TO REQUIRE THE MANDATORY INCLUSION OF AFFORDABLE OR WORKFORCE HOUSING IN T6-24B TRANSECT ZONES, TO CLARIFY THAT PROPERTIES IN T6-24B TRANSECT ZONES MUST ONLY PROVIDE AFFORDABLE OR WORKFORCE HOUSING TO ACHIEVE BONUS HEIGHT AND FLOOR LOT RATIO ("FLR"), AND TO MODIFY THE PUBLIC BENEFIT AVAILABLE FOR THE PROVISION OF AFFORDABLE OR WORKFORCE HOUSING; AND BY AMENDING ARTICLE 7, SECTION 7.1.2.8, TITLED "AMENDMENT TO MIAMI 21 CODE," TO ADD T6-36A AS AN ADDITIONAL SUCCESSIONAL TRANSECT ZONE FOR T6-24A; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13817 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: For additional minutes referencing Item PZ.12, please see "Public Comment Period for Planning and Zoning Item(s)," Item PZ.10, and Item NA. 6 on the December 13, 2018 Regular Commission Meeting Agenda. Victoria Mendez (City Attorney): PZ.12. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: 1'll make a motion. Commissioner Reyes: Wait a minute. Well, before you make a motion on -- I have some comments on PZ.12. Later... Chair Hardemon: Okay. Which do you represent? You represent 10 and 11? Melissa Tapanes-Llahues: 10 and 11. Chair Hardemon: Okay. And the -- I'm sure the applicant or the owner, he's here? Ms. Tapanes-Llahues: Yes. Chair Hardemon: Okay. Is there anything they -- Before we get there, do you have comments on 10, 11, and 12, or --? City of Miami Page 71 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Reyes: No, just 12. Chair Hardemon: Just 12. Commissioner Reyes: 10 and 11 is fine with me, and we can vote on it if you want to. Chair Hardemon: Okay. So what I'd like to do is, if we can, discuss 10 and 11, if there's any question or anything that needs to be said or presented. Commissioner Carollo: Okay. I have no questions, but they can make a presentation, and -- Chair Hardemon: How long is your presentation? Commissioner Carollo: -- maybe after they make one, if they want to make one, I might have some questions. I don't know. Chair Hardemon: Okay. Commissioner Reyes: I think that's a message. Chair Hardemon: Maybe you don't want to speak, unless there's questions. Commissioner Gort: Great presentation. Chair Hardemon: Great presentation. Commissioner Gort: I move it. Chair Hardemon: You're recognized, sir. Commissioner Reyes: Well, on 12, I have a huge question there, and it's not that I doubt that the Administration is going to present that AMI (area median income) table that I have been asking for a long time. I am not willing to vote for -- in favor of this unless I have the assurance -- not "assurance" -- I want to see it. I want to see it, and I asked for it, and I don't see it. It's not included in here that when we mean "affordable," it's really affordable. And the only way that can be affordable is if we are using the right AMI, you see. I know that we can go around it and we can use the County AMI, which is 51,000, if we place some restriction that we can only use, let's say, 40 percent of that AMI or something like that. But the Administration promised me that that table, that scale was going to be presented as a companion to this ordinance here. Chair Hardemon: Is there any way --? Commissioner Reyes: I mean, if -- I don't see the companion. I want -- just want to make sure, as the young lady said, and the young man, that when it is affordable, it's really affordable. You understand? And that is my concern. I want it to be affordable for the people that really needs it. Chair Hardemon: Before you speak, maybe the Vice Chairman would be open to making an amendment to it that would allow for the City's new scale -- even though we don't have it yet -- identing it as the City's new scale so that when it does come into existence -- because I'm sure that it will -- that we can use that scale. And if it City of Miami Page 72 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 does not ever come into existence, of course, then you would use the Miami -Dade County scale. Commissioner Gort: I thought we had it. Chair Hardemon: I know we have the numbers. Commissioner Reyes: We don't have it. I mean, I asked for it. I asked for it. Vice Chair Russell: I remember. Commissioner Reyes: And Mr. Vice Chair -- Vice Chair Russell: Yes, sir. Commissioner Reyes: -- it was promised that it will come as a companion to PZ.12. Vice Chair Russell: Yes, sir. And -- Commissioner Reyes: And that's what we agree on. Vice Chair Russell: -- I'd like to make the motion, and I would like to proffer that amendment that Chair Hardemon recommended. I think it is a smart way to look at this. I believe what has happened -- in my briefings, I've understood that the scale has perhaps woken up some dragons that may be opposed to the changes in the scale, and they may be right and they may be wrong, but it needs to be workshopped. We need to figure out what that true impact is on the industry. If we create a scale that someone is no longer incentivized to build and they just don't, then we haven't really created any affordable housing in helping it. But I'm with you on this. I think all of us are aligned; that the labels don't match the reality. Commissioner Reyes: Absolutely. Vice Chair Russell: And -- but I would like to invite you to this area where this transect zone will be implemented. Even though this is second reading, it has not been applied to the map yet, so it will not go into effect until we take that next step. Commissioner Reyes: Are you inviting me to visit the area? Vice Chair Russell: Please. Because I'd -- we have been secretly doing this already, gentlemen, whether we know it or not. Commissioner Reyes: Well, without authorization you're going to (UNINTELLIGIBLE)? Vice Chair Russell: What we did was a -- we've already approved three projects in that area -- Commissioner Reyes: Yes, sir. Vice Chair Russell: -- on a piecemeal basis. And they voluntarily proffered -- kicking and screaming -- to do the exact same thing that we are doing in this ordinance. But the beautiful result was these non -affordable developers, these market rate developers -- the first building is complete. It's over 90 percent rented. 99 workforce units are in there. And I visited it, and this is the workforce of the City. They're not cutting the rules. They are not cheating. And the right people are there that we are intending for this area. It is not the solution; it is the beginning, because City of Miami Page 73 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 we must go much deeper. We must go deeper into affordability. We must go deeper into ELI. Commissioner Reyes: Granted. Vice Chair Russell: But for this particular ordinance and this transect zone, I do hope for support today, because I believe it works, and future changes can apply. Commissioner Reyes: Listen. There are -- I don't doubt that given the shortage of apartments here in Miami, if you have an apartment that is renting for $1,500 and you can call it workforce or you can call it affordable, there are people that are even -- two or three people are going to be moving in it, and they are going to be rented, because there's -- definitely, there is a big shortage. That doesn't mean that we are serving the people that we want to serve. And I have two main concern about this; one was mentioned by Commissioner Carollo. It's that -- and I've seen this in New York, and I've seen it other places, because, as I said before, what we're doing when we are limiting the amount of -- I mean the rent that we're charging, we are basically install -- I mean enacting rent control; that's what we're doing. It's -- basically, it is. You can call it -- whatever it is -- inclusionary, whatever it is, but that's rent control. Okay. Unless we have the mechanism to make sure and to -- I mean, go after those people that will violate it, because they can do it for a year or two, but they are not bound by any commitment to do it for the rest of the life of the building, you see? And that is my fear, because knowing the way that people work -- and those two mechanisms, I think that it is very important. And since day one, I've been an advocate of affordable housing, you see, workforce housing, but real affordable housing, real workforce housing, based on the median income of the people that needs it. And as the lady said, if you go to Overtown, it won't reach 14,000, $15, 000. If you go to Little Havana, it will be probably 17, $18,000. And when you leave -- I mean, because I have seen here proposals that I ask developers, "Well, what's the rent that you're going to" --? "Well, it's based on AMI, and we will go as high as 140 from the County AML" That's not affordable, sir. That is not affordable. I know the intentions are good, but I remember what -- that we had a President that said, "Trust, but verify," you see? I want mechanism in place that will assure that those apartment are going to be affordable and are going to remain affordable, you see? That is -- I mean, it's not that I don't trust the developers, but you know how they are -- rules are circumvented most of the times. Chair Hardemon: Before we take a -- Commissioner Reyes: And I want you to do something about that; if not, I cannot support this. Chair Hardemon: -- any further comment? Later... Commissioner Reyes: I didn't move it. Vice Chair Russell: Move it again. Chair Hardemon: What? There's no motion on the floor, first of all. Vice Chair Russell: I did move it. I did move it in my -- Chair Hardemon: There was a motion on 12? City of Miami Page 74 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Todd B. Hannon (City Clerk): Yes. The Vice Chair moved it, but there was nothing procedurally wrong -- Vice Chair Russell: I'll move it again. Mr. Hannon: -- with you going to 10 and 11. We're right back to PZ.12, with the mover being Vice Chair Russell. Chair Hardemon: It's been properly moved by the Vice Chairman; seconded by the Chairman for PZ.12. We must have not had a second. Vice Chair Russell: With an amendment. Chair Hardemon: With the amendment. Commissioner Reyes: What the amendment's going to be? Chair Hardemon: The amendment that I stated on the record, I'm assuming, which was to allow for the scale that the City of Miami is going to propose. If the scale never comes to exist, you have to default to the County's standard. But the idea is to capture that scale and the resolution so we don't have to come back. Commissioner Reyes: Can I include in that -- as a friendly amendment to your friendly amendment, can I include that -- and I know this is a way of working around the County piece -- AMI -- that none of those affordables will be higher than, let's say (UNINTELLIGIBLE) 45 percent of County AMI? Alfredo Duran (Deputy Director, Community and Economic Development): Right. So -- Commissioner Reyes: Wouldn't be higher than that? That is acceptable, right? Mr. Duran: Alfredo Duran, Deputy Director, Department of Housing and Community Development. Today our policy exchanges some benefit for affordable housing and ask the developer for a 50 percent AMI. That 50 percent AMI is County AMI, which really represents a 30 percent AMI in the City. There's about a 70 -- a 60 percent difference between the County and the City's AMI. Now, we need to -- as you say, we need to establish a policy that works; a policy that perhaps has a tiered effect, so that we can get affordable housing based on our needs, and the developer can build the property as financially feasible for them. So that's where this workshop can come in, and we can use that matrix and see how this calibration can be applied to our Code, across the board, even with the attainable (UNINTELLIGIBLE). Commissioner Reyes: Mr. Duran, that -- placing that in those and in PZ.2, you see, placing that amendment that affordability, you see, should be measured as no more than 50 percent -- Mr. Duran: Yeah, it was -- it -- Commissioner Reyes: -- of County AMI, because I heard of that -- I don't know if it is true or not, and excuse my ignorance -- but I heard that HUD has certain requirements on which MA7 [sic] is used, but not the percentage that you can use. Mr. Duran: Right. So -- Commissioner Reyes: Okay. Well, then, I was right. City of Miami Page 75 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Mr. Duran: HUD requires you to have a certain amount, and no greater than that. Commissioner Reyes: No greater than -- Mr. Duran: You can call it a 50 percent AMI County, but you're really calling it an 80 percent AMI City, or -- but -- or a 30 percent County makes it a 50 percent City. Commissioner Reyes: Okay, absolutely. Mr. Duran: So we -- you can call it -- This project shall have "X" amount percentage, and work it so it actually benefits the percentage in the City that you're looking for. Commissioner Reyes: Do you agree with it, Mr. --? Vice Chair Russell: Are you going to vote 'yes"? No, I'm kidding. I'd like to address the actual (UNINTELLIGIBLE) of the amendment. Commissioner Reyes: As long as we can get the -- I can get the commitment that, as I said last meeting, that I want the Administration -- and Mr. Napoli, I request it from you -- that you develop or you create a department or some sort of -- whatever you -- a committee or whatever you might call it -- that will be funded, and the personnel, and I think that we should charge -- we should get some funds from the developers -- that they will be overseers of those buildings that had benefit on their increase in density by promising inclusionary apartments, you see; that they will be compliant with the requirement. Joseph Napoli (Deputy City Manager): Yes, Commissioner. Commissioner Reyes: And we need inspectors to go -- and also, we have to determine what kind of punishment the violators will have, because if we don't place some teeth to -- I mean, to enforcement, people will just walk away from it, and then there is no more affordability. Commissioner Carollo: Let me give you the reality of what we're dealing with in the City so you can understand why I'm not all that excited about when I hear, "Workforce housing, affordable housing is going to be provided," when we have no mechanism -- Commissioner Reyes: That's right. Commissioner Carollo: -- to inspect or enforce. Even when we have mechanisms to inspect and enforce, we don't do it in the City. I'm going to give you one example. Commissioner Higgins, I'm glad you're here, because you need to know this one. We have a sizeable Code Enforcement Department. We have a sizeable Fire Department. Both Code and Fire Marshals are supposed to inspect every commercial premises, building premises that we have for their CU (Certificate of Use) and their tags license that -- in the City, it's called BTR (Business Tax Receipt), once a year. Let's say that they forget to do it one year, but you would figure they're going to do it the second year. Let's say that, boy, they -- you know, somehow, it slips. They forget to do it for the second year. What do you think they're going to do with the third year? Well, we have places here that, since they bought the buildings in 2011, all the people that are leasing, renting never, never have gotten a CU for their business or a tax license for their business. Maybe it's selective protection that the Building has. It's not the only one. But then you would think that once an inspector that's citywide -- and I guess they don't know that they're not supposed to City of Miami Page 76 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 go to certain places -- finally gets there that we're going to be serious about it. So what happens? An inspector goes, August 7 of this year. They're in shock that they find 15 entities that have not gotten a CU or tax license. They write them up. Everybody signs that they're going to have it by August 14. The inspector comes back August 14. Nothing happened. They get them so everybody can sign again that now, by August 22, they're going to have their CUs application and have everything hunky-dory. They come back August 22. Nothing happens. And then, what I do see is from the Manager a text from our new second in command of Code that he went to the building to see the owner, and when he got there, the owner was too busy that day, had something came up, so he's going to have to come back. Well, I don't know how many of our residents get valet type of service from Code Enforcement, but you would think that after 11, 12, 13, 14, 15, 16, 17, 18 -- seven and a half years -- going on eight years -- our Code Department, our Fire Marshals could check the place out, and then we are serious if people don't have their CUs or tax license. They're going to be shut down until they produce it. To this day, five plus months later, I don't know what they have, what they don't have. I do know that since the place has Code violations, from the legal side, they're not supposed to be able to go forward. But, hey, this is the City of Miami, and if you're connected and got selected protection, you could get away with it. And this is one example. You want to talk about illegal bars? Boy, they tell our police officers and our Code Enforcement, "Get the (expletive) out of here," and we put our tail between our legs, and we go out. And only when I find out about it that maybe we're finally going to do something. But I suspect before we do something, there'll be a call to let them know that we're coming on a certain day, and the same thing would go on. So these are the reality in the City, that if -- even when we have departments that have people assigned to them, and this is what we're getting, I can't get all excited about how we're going to enforce affordable housing and workforce housing, even from day one, at least alone, for the long haul. And I'm sorry, but this is the reality. And I think what you're doing, Commissioner Russell, is honorable. Commissioner Reyes: Very commendable. Commissioner Carollo: You know, I think that it's worth a shot at it and see what happens. I hope it works there in the area that you have. But we really have to come with a clear solution where this is going to be enforced, and seriously enforced. Vice Chair Russell: Thank you. Chair Hardemon: Thank you, sir. Mr. Vice Chairman. Vice Chair Russell: Thank you. If I could respond to the -- Chair Hardemon: Yes. Vice Chair Russell: -- amendment request, I love a moment when we can agree on something, and I try to cherish that; I really do; and especially because we're all aligned on what we're trying to accomplish here. Commissioner Reyes: Yes, sir. Vice Chair Russell: The carrot and stick that's necessary to activate this area is a very fine balance, because if we get it wrong and there's too much stick and no carrot, the area will continue to be land -banked, as it has been for the last decade, and you'll see nothing but blight, which is there. I believe that the right balance of carrot and stick is the floor; it's the minimum base we want to look for. And then, we've got to find further incentives to get them to go deeper on the voluntary basis, or the incentive basis. But if you're going to include a mandatory -- a mandate of City of Miami Page 77 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 affordability, you can't go so deep that it scares everyone away, because we're not offering anything. We're just saying, "Give what we want." Development is not here to solve our solutions. It's a relationship that we have to find, a symbiotic world where development can grow in a healthy way, and we can work together with development to help solve our solutions. But they're not the total answer. The good news here is this zoning transect perfectly overlaps the Omni CRA (Community Redevelopment Agency), where we, as a CRA Board -- and I thank you for continuing my chairmanship there, because we have a mission, and we can help take them deeper. With this minimum floor of workforce affordability that they have to activate -- and I know they will. We're going to get applications out the door the second we get this going. We can then bring in -- whether it TIF (Tax Increment Fund) incentives, whether it's Public Benefits deals -- we can work things out to help them take it deeper to where we want it to go. But the amount you want, I would love it. I like it, but it'll cause -- it'll upset the balance of this particular legislation in this particular area, and we won't get the result we want. So I, unfortunately, would respect your "no" vote, knowing that we're on the same page of where we want to get to, but I cannot accept the amendment. Commissioner Reyes: And let me tell you this: In reality, you see, the developers, they are not doing that out of the goodwill out of their heart, because they're getting a benefit. They're getting a substantial increase in density. And that substantial increase in density is tied to a percentage of that density -- additional incentive -- density to be affordable or workforce. And the only thing that we're asking is, "Okay, we are going to give you this additional benefit" -- okay? -- "and we're going to help you get some tax credits," or blah, blah, blah, blah, but it has to be real workforce and real affordable; if not, they're going to be affordable and workforce only in name. And if we don't make sure that it is enforced, three years from now, I can guarantee you -- Vice Chair Russell: I agree. Commissioner Reyes: -- three years from now, I will say 90 percent of those apartments that now, after the completion, they are rented as workforce, but I would say, well, 500 or $600 lower than market rate; they will be at market rate. And those persons that moved there, they're going to be out of there, you see? They're going to be out of there, because, you see, it's nothing wrong; it is the market, it is business, it is business as -- they are moved by economic incentives, and the more they can make, the more that they're going to do. So the only thing that I want to do and I want to make sure, I want to assure the affordability of those apartments. I want to assure that the people that go and they rent those apartments, because they're affordable, that they're going to be there, you see, for the long haul, or until they can move to a better place. I want to assure that it is -- when we say, "affordable" that they are really affordable for this lady that is sitting there, or for people that -- somebody that is living now in Flagami, somebody that is living in Overtown, Liberty City, Little Havana, you see. That's want to make -- that's -- want to make sure, not only on name, because you can say, "Well, we are building 2,000 affordable houses." And, well, yeah, affordable. Well, what is the rent? Well, it's going to be 90 percent of County AML 90 percent of County AMI is -- you have to make $45, 000; or up to 140, then you have to make -- you can make -- then you -- $70, 000. You know what I mean? Chair Hardemon: Commissioner, I will say -- Commissioner Reyes: That's the only thing that I'm asking. Chair Hardemon: We talk a lot about the area median income, and I don't know about the Commissioners in the County or the Commissioners on this dais, but I City of Miami Page 78 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 expect the area median income in my communities to improve. So that means that we know that we build housing that improves the area median income, because people move in. We know we renovate housing and people get better jobs, and you have more families that are getting married; and so, the household income is improving. And therefore, they're better able to take care of their families and such. But I do not expect that an apartment that is pegged on area median income to have a consistently ELI (extremely low income) status, because the bottom line -- or low- income status, or whatever it may be, if it's based on the area median income, because at the end of the day, in the City of Miami, we should be focused on improving the poverty rates within our communities. And so, to improve the poverty rates, that means that people do not -- you do not want people to remain poor. So there are industries that are pegged upon poor people and people remaining poor, and I'm going to disrupt those industries. So I will tell you that, yes, we are building affordable housing, and it's -- we have ELL we have low income, we have moderate, and we have workforce, but at the end of the day, we want to run those sorts of things -- we want those sorts of industries, really, to be interrupted, just by the mere fact that the people that live -- those same people who are poor -- are not poor any longer. So we want them to improve upon this (UNINTELLIGIBLE), so it's up to us to play a role in that for them to have better jobs, for them to have adequate healthcare, for them to have standard housing, because, you know, someone said a one -bedroom apartment in Overtown is $1,200. But I also know one for 450. And so, the difference between those, though, are the quality of the apartments. And so, what we're trying to do is ensure that the quality in the $1,200 unit is the same as the 450, and if we can make that marriage -- Commissioner Reyes: Yeah. Chair Hardemon: -- happen, then we have a great mix of things. But the bottom line is that the City of Miami is growing, and we have a lot of land. The area that's being described that's going to Subsection -- Subsec [sic] "B" from "A" is an area that is ripe for redevelopment. It's an area that is -- it is really the -- it is the middle ground between what is downtown Miami and Overtown, and I say that loosely, because I consider Overtown to be a part of downtown. And so, what I'm explaining to you is I appreciate that that middle ground is not being overtaken by those that are just simply building other units, but also considering those who are neighboring them that say, "Look, I want a young police officer, I want a young firefighter, I want a young" -- "a lawyer, doctor, teacher. I want those people to be able to live in these neighborhoods." Commissioner Reyes: Absolutely. Chair Hardemon: And so, you know, yes, it is true some people make $10,000 and live in that neighborhood, right? But we should not proliferate the building of extremely low-income units in extremely low-income areas, because you're going to continue to have to provide services for a community that is extremely low income. Commissioner Reyes: No, sir. Chair Hardemon: And we should -- Commissioner Reyes: You got it all wrong. Chair Hardemon: -- try to encourage -- No, I'm not saying that that's what you're saying. What I'm saying, above all, in the whole, the way that we address affordable housing, we have to be cognizant that we can't build -- as I like to say -- all the affordable housing, for instance, in District 5; the same way in the County; it would be in District 3. If you contin -- if we package it all in one space, then we're going to City of Miami Page 79 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 have a real problem. And so, what I'm saying is that this space is unique, because but for this sort of subsection they give the increased density, there would not be any affordable housing. And so, we have to create a product that makes sense to those that are building it, and then we continue working. I think Commissioner Carollo is also right when he says that we have to create a war chest of dollars in order to build our own affordable housing, because if you do want to build -- Commissioner Reyes: That's what I'm saying. Chair Hardemon: -- extremely low income to keep a certain area with residents that are similar to the residents that are there today -- because that's really -- that's what we're talking about. We want to keep historic parts of our communities historic in its nature, and not simply be moved out, because you can't afford rent. We want people to be beyond renters, because renters have the right to be there for one year. We want them to be homeowners. And how do we do that? We have to build housing that the people who are there can afford to buy, and I think we're well on our way with doing that with the bond issuance, because we have those dollars that are being used to keep housing affordable. So now, if there's a new unit that's being built -- right? -- in front of low-income housing -- when I say, "housing," I mean single- family housing, duplex, triplex, or whatever it may be -- that that new complex that goes up that has the new granite countertops and wood cabinetry, and high -impact windows -- that that building where renters are going to move in from outside the neighborhood, et cetera, is not substantially better than the neighbor that's been paying us taxes all these years -- 60 years -- and they live with roaches and they don't have high -impact windows, and they can't afford to put proper protections on their household. So the fact that we now have a bond issuance that's going to address that to keep that housing affordable is great. And so, all I'm saying is that I think that, as the Vice Chairman put it, we're all on the same page -- right? -- but just on a different paragraph. And I just want to ensure -- Commissioner Reyes: Yes. Chair Hardemon: -- that everything that we do is not necessarily there to say, "Hey, forever, we want people in Miami to be poor," because that's not the message. Commissioner Reyes: That's not what I'm saying, sir. Chair Hardemon: We want to address the housing crisis in our City -- Commissioner Reyes: May I -- Chair Hardemon: -- but also create some work (UNINTELLIGIBLE). Commissioner Reyes: -- address what you're saying? You see, now I'm going to put my economist hat on. Sir, what I'm saying is, I mean, you want -- and as much as I want, and as much as we are going to try to do -- is for the income of the residents of the City of Miami to increase; we know that. There is no way that they can increase overnight. And let me tell you this: Maybe -- I want everybody to realize this: As Miami becomes more prosperous, so does the amount of the MAI [sic], okay? And if we place a cap and said only 50 percent, that will be -- let's say five years from now could be 60,000. We are not saying you can only rent it about this much. You understand what I'm saying? What I'm saying is that we cannot go over the AMI and call it affordable. We have to work with that. And I agree with you, we cannot just create pockets of poveiV, you see. You said, "I want a police officer, a firefighter." Those -- most of those police officer or firefighters, they're making enough money to go over workforce, because they're making money. But I wanted a guy that is laying tiles or a guy that is making less than that, and his MA -- or her MAI [sic] is not that City of Miami Page 80 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 high, you see, that be able to afford it. Now, five years from now, I bet you -- I bet you anything that the MAI [sic] of the City of Miami and Metropolitan Dade County is going to increase. And then when we say -- now we say the 50 percent of today's AMI is $25,000. Five years from now, it could be $30,000. We are not limiting the developers to stay with that MAI [sic]. You understand what I'm saying? That is what's going to happen. But what I'm saying is, I mean, we are going to be playing according to the economic situation of the County -- or the City at the time, and it fluctuates. And hopefully, it will increase to a point that it would be very profitable to everybody to start building, without our help. You see, that's why I'm saying I do understand your concern that we are going to keep it -- no, no. The "M" -- AMI is not going to stay at a certain point -- I mean, at a certain level, and it's not going -- it's being flexible. It's going to be flexible. The percentage is the one that keeps -- you see, the percentage of that is going to -- I mean, the real value is going to be -- is the one that is going to fluctuate and is going to be increasing. As the AMI increases, more you can charge for your apartment. You understand? That's the only thing that I'm saying, but given the actual conditions, see. I think that we should make sure that they are really affordable. In the future, five years from now, six years from now, it's going to be different. Chair Hardemon: Commissioner Gort. Commissioner Gort: Listen, this is a complex issue; it's not easy. And I've been through not -for -profits. I have built a lot of affordable housing, and we were able to maintain the affordability forever, but the finance is what makes a difference, too. Commissioner Reyes: I know that. Commissioner Gort: I want you to understand, the CDBG (Community Development Block Grant) funds that we use to do this type of program, we have people that check, and they can give us a number, how many inspectors that go there every year to make sure they maintain the same (UNINTELLIGIBLE); they maintain the same thing. We might need to add some more people if we create this program. We need to have more people going to make sure they were complied with. Commissioner Reyes: Yeah. Commissioner Gort: But at the same time, you know, we got to make a move. Commissioner Reyes: I do understand it. I'm not asking that we throw this out of the window. You see, what I'm trying to do is I'm trying to make it work; work for the people that needs it, and make sure the people that needs it are the ones that are going to be the recipients. Commissioner Carollo: Well -- Commissioner Gort: Oh, yeah. Commissioner Carollo: -- can I -- Commissioner Reyes: That's the only thing that I want, you see. Commissioner Carollo: -- say a word or two, guys? Chair Hardemon: Two. Commissioner Carollo: Okay. Two? Okay. Well, Commissioner Russell -- City of Miami Page 81 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Vice Chair Russell: Yes, sir. Commissioner Carollo: -- I thought we were bonding this morning. You invited him to go to the walk with you, but you didn't invite me. Commissioner Reyes: And what you don't know, he's buying lunch; that's what you don't know. Russell's buying lunch. Commissioner Carollo: Seriously now, look, I hear what Commissioner Reyes is saying, and I agree with a lot of what he's saying. You also made a very good point - - and I'm glad you're starting to think this way -- that we have to make sure that we're not trying to squeeze so much that we kill the idea. So we got to find a balance there that works. And I will tell you what, with my vote, I'm willing to do. This is -- all encompass your area, where you have a second hat besides being a City Commissioner. You're the Chairman of the CRA Board there. So you have more oversight in that area than we would in just any other area. I could support and will support a pilot program. Let's see how it works there for you. If it works there, then we could look at other parts of the City in going with that. I just ask that when we come with other ideas for pilot programs within our own districts that this Commission is also open-minded in looking at it, because there are numerous ways that we could go forward -- not just one way -- numerous ways that we could go forward in bringing affordable and workforce housing to the City of Miami. And, you know, I'm not going to tell you that any one is the ideal way of doing it. We might want to, after we see several working in different districts, decide, "Hey, this is what fits best in my district," and we might do a mixture in the City of Miami of different ideas. But as long as at the end, we achieve what we want -- more affordable and workforce housing -- that's great. So I think you presented a noble case for this. Let's see how it works for you, and let's go forward. The only thing that I -- and I don't want to mix apples with oranges -- but the only thing that I ask my colleagues now -- and I want to be upfront, just like you were before in another item, and I appreciated that, that we voted on -- I want to make sure, since I've gone through this one time already -- Commissioner Gort was the only other one here when we had the last bond issuance -- I want to be sure that -- since the $400 million we get once, and once it's spent and it's gone, that's it; we can't come back and try to redo it again with that -- I want to make sure that -- and particularly, the area of housing and the area of parks -- we get it right. And I'm a little concerned that with the Thanksgiving holidays, we've all been very busy -- I've been busy; with the Christmas holidays that we've all been busy -- that I'm not really as up to date in all the changes that have been made back and forth in this bond issuance. So I'm going to ask that we wait until January that we could go over this again and do it, because in my area, I will tell you, I'm going to spend every dollar as carefully as I can, because I know that I can't duplicate those dollars. And then I'm going to come -- once I have enough land in hand --and what I've been doing is land -banking right now and working on how to land -bank with other entities -- I'm going to come back then and present to you the plan that I have that's going to be a revolving type of program that I think is going to get a lot of housing built. Where I'm going to is -- and my goal is -- building condominiums that are going to be at least 50 percent below market rate that are going to be owner -occupied, and that they're going to have to come in with very, very little down payment. Now, there's not any one system that is going to be a shoe that fits everybody, and this is what I was saying before. This is why I think if you want to try this in your district, hey, let's try it. Let's give you a chance in doing it. But that's the only thing; that I want to be upfront, that I want to ask for support. And when you're talking about stuff that we're going to be paying for 30 years, another month or so, especially since we've been sitting in this - - and I'm not going to say, "us"; I'm going to say the Administration -- for a heck of a long time, there's nothing that's out there right now that we're going to lose the money if we don't handle it today versus January. City of Miami Page 82 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Reyes: Sir, can -- I just want to -- Vice Chair Russell: I want to clan fy what he said, so. Commissioner Reyes: -- reiterate that maybe you are -- been lucky. You have walked around the streets of your district and all of that -- and some of you guys -- and I know a lot of people, and they have called me, and people I meet on the street, and I do walk my district, and I meet with a lot of people; that they are living in a little hole, and they cannot afford to move to a $1,500 apartment, which is what is considered workforce. Commissioner Carollo: Yeah. Commissioner Reyes: Which is what is considered -- Commissioner Carollo: Well, even more; even more. Commissioner Reyes: Okay? Commissioner Carollo: Even more. Commissioner Reyes: Even more. You see, and that's what I was trying to avoid, you see, because those people, they're hard-working people. Well, as the Chairman said, as their income increases, they might be able to afford it. But right now, right now, there are two families and three families living in an apartment, because they cannot afford it, you see. And what I want to do is, if we are honest about our intentions of bringing homes -- I mean housing to these people, you see, we have to take the -- I mean, all the measures to be sure that some of them will be able to get it, you see. And what -- are we going to shoo away developers? Well, don't come to ask for additional density then, you see. There's no free lunches. There's no free lunches. And what we want is -- the only thing that I want is to control the actual -- the actual AMI. As it increases, you see, then the rent will increase itself. That's the only thing that I'm trying to do. And if we cannot achieve that, I think that we are lying to our self. It's my opinion. It's my opinion. You see, it is my opinion. I might be wrong, I might be right, but you know the way I am. When I believe in something, Ifight for it. Vice Chair Russell: Thank you. Commissioner Reyes: Okay. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. I'm -- a lot of complicated math and economics going along here. I am doing a little simpler math right now, which is just addition. I understand where you are, Commissioner Reyes. I fully respect that. I'm not sure exactly with Commissioner Gort. I feel some interest in the concept. Commissioner Carollo, I don't believe we can do this as a pilot program, because of a change to the Zoning Code in our map, and we could never go back once we implement it to somebody. Commissioner Carollo: Let me rephrase that. Vice Chair Russell: Okay. So you're not looking for an amendment as a pilot program? City of Miami Page 83 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Carollo: No. I'm not looking for an amendment as a pilot program. What I'm saying is that I'm going to look at this project -- Vice Chair Russell: Understood, absolutely. Commissioner Carollo: -- before I want to go into any other area as a pilot program. Vice Chair Russell: Thank you. Commissioner Gort: Yeah, yeah. Commissioner Carollo: That's what I -- Vice Chair Russell: Understood. And I'm fine with that. As for the bond, I cannot promise that we won't have discussion that leads to us trying to activate the bond today, but I'm certainly open to hearing and understanding where you stand with your items, and what your experience has been with the Administration. So with that being said, I'm open to calling this question and seeing -- Victoria Mendez (City Attorney): I just wanted to clarify your collective amendment, which was in Section -- in the ordinance, in the Definition Section 1.2, if we can -- if that's the section where it describes "workforce housing, " we were going to put at the end, "as may be amended from time to time." Vice Chair Russell: I don't -- Chair Hardemon: That wasn't the wording that I used. I believe the wording that I used -- the wording really doesn't matter. The spirit of it is that whenever the City of Miami comes up with this area median incomes that we use our scale rather than Miami -Dade County's scale. Ms. Mendez: Right. The only way we could do that is if we -- Chair Hardemon: And it may be -- that may, of course, be amended from time to time. Ms. Mendez: Right. Chair Hardemon: Right. Ms. Mendez: So that's what -- that's the language that I would need to add in order to capture what you want. Chair Hardemon: We would use the City of Miami's area median income rather than the County. Commissioner Reyes: (UNINTELLIGIBLE). Chair Hardemon: Right. Do you have some concern, Mr. Garcia? Vice Chair Russell: If a new scale is created that it would apply. Chair Hardemon: Right; which would be amended from time to time. That's what -- that's the "time to time"; that's what I mean by that. Ms. Mendez: Right. City of Miami Page 84 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Chair Hardemon: So the lawyers make the language make sense, but that's what we're saying. Commissioner Reyes: Okay. We are using Miami -- City of Miami AML Ms. Mendez: Right now, as drafted, you're using HUD -- the HUD scale; that's how it is now. Chair Hardemon: Until the City of Miami's -- Ms. Mendez: Right. Chair Hardemon: -- scale is done. Ms. Mendez: So we were going to add, "Or as may be amended from time to time with a" -- if we do a Miami AML Commissioner Reyes: And in order to amend it, we have to come through all this process again. Ms. Mendez: No. That's why I'm -- if we place it in the ordinance now, we could default to that when it happens. Commissioner Reyes: If you said, "Okay, we're going to use Miami AMI," I am -- will -- (UNINTELLIGIBLE) use a hundred percent of it, which will be 60 percent of the City or County? Ms. Mendez: So as drafted right now, you placed in the ordinance that it's the HUD version. Commissioner Reyes: Yeah. Ms. Mendez: When -- if and when the time comes that Miami is able to create its own, I wanted to put language here which says, "As amended, from time to time," to address -- if we are able to capture a Miami AMI, then you could use it, as well, in this. Commissioner Reyes: But that is not clear, because when are we going to revisit this? And meanwhile, all those buildings that are being -- I mean, those apartments that are being offered as affordable and workforce will be based on County AMI, which is going to be up to 140 of that. It would be about $70,000, and, yeah -- I mean -- Chair Hardemon: Let's be clear, right? So -- Commissioner Reyes: No, that's not clear. Chair Hardemon: -- let's be clear here. If there is a County AMI -- first of all, they're not buying these units; they're renting. So leases are from year to year. So the bottom line is this: If there is a County -- let's say a building is built. They rent it using the County's AML What I expect is that if the City's AMI standard comes into existence and we are using it, the next year -- right? -- that the renter who is in that affordable housing unit, the workforce housing unit, needs to meet the City's AMI standard that's now newly adopted. So even for existing buildings, if they're utilizing this sort of zoning modification, this -- that we've implemented today -- they would have to use the new standard. You can't dig your hole -- dig your feet into the City of Miami Page 85 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 ground and say, "Well, this passed when it was only at this amount, and that's what we're renting for, at that amount. Ms. Mendez: Right. So there's two problems with that. One: You obviously can't effect existing contracts, and you know that leases can be for a certain amount of time, so that's one problem. Chair Hardemon: That's why I believe the lease would come to an end. Ms. Mendez: And then, two: I am not articulate enough to know if the -- when you build at a certain amount, if you need a certain baseline of rents in order to be able to -- Chair Hardemon: This is true, they need -- but I'm sure that through their market rate units, they're going to be profitable. When you're going from -- what is it? -- 12 stories by right, maybe -- is it 12 stories by right to about -- what is it? -- 16 or more with the bonuses? Mr. Garcia? Francisco Garcia (Director, Planning): In this particular case, Mr. Chairman, the calculation is different, because this is inclusionary zoning, which means they don't get additional benefits for providing the affordable workforce units; those are embedded in the development rights, so they must provide them. Chair Hardemon: Right, but they're still going from "A" to "B." So from "A" to "B," you're going from how tall to how tall? The floor/lot ratio to what (UNINTELLIGIBLE). Mr. Garcia: And thank you for the opportunity, because they will be able to do so pursuant to a rezoning that hasn't happened yet. That was brought up earlier by Commissioner Russell, when he mentioned that there is still that process to go through. Right? But -- and the additional fact that I wanted to introduce for your consideration is that we've already done some calibration in the ordinance that makes reference -- not to workforce, which, by default, would be 140 percentAM1. Commissioner Reyes: Absolutely. Mr. Garcia: We've actually made specific reference in the ordinance, in the language of the ordinance to "workforce," meaning at or lower than 80 percent. So some of -- which is a lot lower. So some of the very concerns that you've expressed to us have been taken into consideration and embedded in the ordinance itself. For that reason, I would suggest -- I would encourage you, in fact -- to approve this without amending it at all, at present, and if it needs to be calibrated further, then we can certainly talk about that, but it works well the way it is, quite frankly; and if not that, then, quite frankly, I would recommend that we defer it. Commissioner Reyes: But Francisco, with all due respect, you see, I mean, maybe it's because of my age, and I have been shocked too many times, you know, and I been promised so many things I never -- and -- Commissioner Gort: No more than me. Commissioner Reyes: -- you see, when you get old, you get a little bit more distrustful, you know, because you've been through a lot. I like things very clear, you see. You mentioned something that is very similar about what I was saying; that if we will say workforce will be no higher than 80 percent County MAI [sic], and -- or affordable will be no more -- no higher than 50 percent or 60 percent of Dade County MAI [sic], that's what I'm trying to say. I will agree with that, with the City of Miami Page 86 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 covenant that the Administration will come with a scale based on actual MAI [sic] from the City of Miami. You see, we can start it like that, and it is fine with me. But in -- that ordinance says that you have a time set, no later than the second meeting in January that you will bring -- a promise you will bring a scale, and I'm fine with that. Mr. Garcia: Sir, that is exactly the commitment, Commissioner Reyes. That is exactly the commitment. And to give you further assurance again, this -- the properties that will be subject to this ordinance would still have to go through a rezoning. So unless or until that happens, none of this will take effect. Commissioner Reyes: Okay. Mr. Garcia: So that's the additional assurance that you have. Commissioner Reyes: Now, to make it clear, it is -- the ordinance is going to read that affordable is no higher than 80 percent AMI? Mr. Garcia: Workforce, in fact; workforce. Commissioner Reyes: Workforce. Affordable is not going to be -- Mr. Garcia: 60. Commissioner Reyes: -- higher than what? Mr. Garcia: 60. Commissioner Reyes: 60. Fine. And also, the Administration will come no later than the second meeting in January with a scale that will really be based on a City of Miami AMI. Vice Chair Russell: I'm feeling another 'yes" vote coming. Commissioner Reyes: Yes. Mr. Garcia: And here he is. Commissioner Reyes: Yeah, yeah, but -- Commissioner Gort: I'm scared of him. I'm scared of him. Commissioner Reyes: -- that's what I've been trying to get from them from the first time. That's what I been trying to get. Ms. Mendez: Can we say that again briefly so that I'm able to capture it? Commissioner Reyes: Francisco, please. Mr. Garcia: I have a very clear understanding. I can certainly recite it back to you. The amendments that we've discussed are already in the ordinance; no changes are needed. And in addition, the commitment is that by the Planning & Zoning meeting of the month of January, we will bring -- "we," the Administration -- will bring to this Commission the adjusted or calibrated AMI table of the City for your consideration. Commissioner Reyes: But workforce will be no higher than 80 percent. City of Miami Page 87 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Mr. Garcia: That's the way it is in this ordinance today. Vice Chair Russell: It's already in it. Commissioner Reyes: Okay. Mr. Garcia: But for your consideration, at -- in the near future -- by January, we will bring you the full calibrated AMI table. Commissioner Reyes: Okay. Chair Hardemon: So is the recommendation then -- Commissioner Reyes: Okay, okay. I have to ask your indulgence. Chair Hardemon: Before we do that, Commissioner -- Commissioner Reyes: Maybe our fellow Commissioners from the County -- but I am very strong. I mean, I feel very strong about this, and I want to make it work for the people that needs it. Okay? Chair Hardemon: So Mr. Garcia, I want to clarify. Then the friendly amendment -- or the friendly amendment between the Vice Chairman and I, do you think we should not apply it? Mr. Garcia: The -- what I'm saying again, and just to make sure that I'm clear, as well, is that this ordinance has already been -- Chair Hardemon: I understand what you said. Mr. Garcia: -- calibrated, yes. Chair Hardemon: But right now, there's a motion and a second -- Mr. Garcia: Yes. Chair Hardemon: -- that has an agreement between us. Would you like for me to rescind my friendly amendment? Mr. Garcia: Please. Chair Hardemon: Okay. Then I'll do that. Let the motion stand as it is. So there's a motion and there's a second on the floor. I don't think I see any further discussion on this issue. Commissioner Carollo: There is. Chair Hardemon: Yes. Commissioner Carollo: Where are we going to put all those storage buildings that you like so much? Vice Chair Russell: And just to clarify, this is for ownership, as well; rental and/or ownership. Vice Chair Gort: Yes. City of Miami Page 88 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Commissioner Reyes: Ownership -- Vice Chair Russell: Condo units apply to this, as well. Commissioner Reyes: Okay. Vice Chair Russell: And it's not extra density; it's extra FLR (floor/lot ratio). Commissioner Reyes: What -- can I hear the motion again -- the ordinance again? I mean, read it. Chair Hardemon: You want the title read into the record again? Commissioner Reyes: No. I want to read it -- I want to hear the part of the percentages -- Chair Hardemon: Oh. Commissioner Reyes: -- that it's there, that it's included, that I want to make sure, you see. Chair Hardemon: The percentages that apply; he wants to hear again the percentages that apply in this resolution; the workforce percentages, the affordable housing. Mr. Garcia: As set forth, we have 60 percent for affordable. And when I say, "60 percent," to be abundantly clear, at or below 60 percent -- right? -- at or below, so maximum 60 percent for affordable; and for workforce, at or below 80 percent. Commissioner Reyes: And you will -- before the second meeting, you will come with a scale? Mr. Garcia: And by the second meeting in January, we will come back to you with the scale for your consideration; yes, sir. Commissioner Reyes: Yes, sir. Commissioner Gort: Call the question. Chair Hardemon: All right. All in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. What I'd like -- Mr. Hannon: And for the record -- Chair Hardemon: Thank you. Mr. Hannon: -- that's no amendments; as it. Chair Hardemon: That's correct. Our County Commissioners, thank you so much for your indulgence. We appreciate you being here. Commissioner Reyes: I'm sorry I kept you here so long. City of Miami Page 89 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Vice Chair Russell: Wow. Commissioner Gort: They're used to it. Chair Hardemon: What I'd like to right now -- Commissioner Gort: They're used to it. Commissioner Reyes: (UNINTELLIGIBLE). PZ.13 ORDINANCE Second Reading 4677 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; AMENDING ARTICLE 3, SECTION 3.15 OF THE MIAMI 21 CODE, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND TO CLARIFY LANGUAGE WITHIN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item PZ.13 was continued to the January 24, 2019, Planning and Zoning Commission Meeting. For additional minutes referencing Item PZ.13, please see "Public Comment Period for Planning and Zoning Item(s)" and "Public Comment Period for Regular Item(s)" on the December 13, 2018 Regular Commission Meeting Agenda. Chair Hardemon: Can you please read PZ.13 into the record? Barnaby Min (Deputy City Attorney): PZ.13. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: Thank you. City of Miami Page 90 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Later... Chair Hardemon: So now we have PZ.13. This is a zoning text amendment, so this is on behalf of the City. So, Mr. Garcia, would you like to present that item? Francisco Garcia (Director, Planning): Thank you, sir. Very briefly, to share with you that this is a proposed set of amendments and clarifications to the Attainable Housing Program and to the Mixed -Income Housing Program, both of which work relatively well, but we feel will be enhanced by these amendments. The one additional note I will make for full disclosure is that, of course, this amendment does not yet reflect the calibrated AMI (area median income) Table that we've discussed previously, and the reason we wanted to propose this, at least for your consideration, is this: Once this amendment comes into place, it will immediately have an effect on the development that's taking place today, which we think is advantageous. But if or when -- I expect "when" -- the calibrated AMI Table is considered and possibly adopted by this Commission, then immediately, the inclusion of those definitions in the Zoning Ordinance will affect this program, and calibrate it accordingly. So this is, I think, advisable and subject to your approval today on second reading as framework, and then, with the calibration, this, too, will be affected by the calibration. Commissioner Reyes: So are we going to go with -- you're going to withdraw that one? Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Reyes: This is going to be withdrawal [sic], right? PZ.13 is what we're talking about? Mr. Garcia: Yes, sir. Commissioner Reyes: Yes. And I thought that we -- you were going to withdraw that. It's going to be withdrawn? Mr. Garcia: And again, full disclosure. I'm presenting to you that we are ready to defer it. Commissioner Reyes: Okay. Mr. Garcia: But the reason why I thought it might make sense for you to consider it is, if this were actually adopted today on second reading, it would have immediate effect on projects that are coming in the pipeline, anyway. Commissioner Reyes: I don't feel comfortable when I -- with this part here. It said, "Below 140 percent of area median income, as established by the United States Department of Housing and Urban Development." That, really, I don't agree with it, based on what -- the previous argument that we had about the T6. Chair Hardemon: All right. So is there a motion to defer the item? Commissioner Carollo: A motion to defer. Commissioner Reyes: Second. Vice Chair Russell: Question: How many projects are in the pipeline right now? What's at risk? City of Miami Page 91 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Mr. Garcia: I don't have an exact number. What I can tell you anecdotally, Commissioner, is that we meet with developers on a daily basis that are depending on their pro forma penciling out on some of the changes we're proposing here, which we think are worth considering, but we're also happy to defer. I'm sure they could wait a month or two, also. Chair Hardemon: Right. And I know that within my district, I have a couple of affordable housing projects that are coming, but I will tell you that -- and I'm not -- I'm a stickler for height in the areas that are being proposed. So, you know, I'm not necessarily for it. Commissioner Gort: Someone approached me that the -- during the idea that they could build 100 percent more, according to the -- and with less parking, and I know they were -- I know there -- and it was a 60 -- by right, they could have 60 apartments. With the new ordinance, they could have 120. Iris Escarra: If I may, Chair, on this particular item, before you vote on the deferral? There's a particular component of the item -- not necessarily the definition of the AMI -- but there's a component that has to do with the bonus FLR (floor/lot ratio). Chair Hardemon: And you are? Ms. Escarra: I'm sorry. Iris Escarra, with office at 333 Southeast 2nd Avenue. There's a .25 percent. We actually have an attainable housing project that's in the pipeline that's on 37th Avenue and Northwest 7th Street that is actually dependent on the change in the FLR. It's a building that is a hundred percent workforce housing -- I'm sorry. It is a 100 percent attainable housing. It is double density. It has 10 percent of the units, which is approximately 42 units, of extremely low income, where the rent is no more than $440 for those extremely low income. So I don't know if there's a way to bifurcate the deferral of the item, and just allow for the FLR component to proceed forward while the other definitions are being worked out, but it's a project that we've been in the design elements of and one of the things we noticed. Commissioner Reyes: I won't vote for this unless that -- this 140 percent of the area median income is clarified, or is stricken, or we have a different (UNINTELLIGIBLE). Chair Hardemon: I suggest you keep designing, but I don't think we're going to bifurcate it. Commissioner Reyes: I think that we should defer it. That's not going to be harmed. Chair Hardemon: Right. Commissioner Reyes: But one month is not going to do anything about it. Chair Hardemon: When would you like to defer it to? Commissioner Reyes: I mean, I know you want to do it, and that's it. Chair Hardemon: When would you like to defer it to? Vice Chair Russell: The sooner, the better. Commissioner Gort: Did you say, Northwest 37th Avenue and 7th Street? City of Miami Page 92 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 Ms. Escarra: Yeah. It's the old High Stakes location, right behind the Walgreen's. We have a detainable [sic] housing -- Commissioner Gort: 37th Avenue? Ms. Escarra: 37th Avenue. You know where the funeral home is and the Walgreen's? It's the block in between. Commissioner Gort: Yeah. Well, that's -- okay. Chair Hardemon: The deferral, I heard one month, so does that mean the second meeting in January? Commissioner Reyes: The second meeting in -- Todd B. Hannon (City Clerk): January 24, 2019? Commissioner Reyes: -- January. Commissioner Reyes: Yes, sir. Chair Hardemon: Okay. Ms. Escarra: Thank you. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Mr. Garcia: Thank you. Chair Hardemon: All right. That motion is approved. Can you close out the Planning & Zoning meeting? And now we're going to move back to our regular. City of Miami Page 93 Printed on 2/27/2019 City Commission Meeting Minutes December 13, 2018 PZ.14 5118 Department of Planning ADJOURNMENT ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.9 OF THE MIAMI 21 CODE, TITLED "SPECIAL AREA PLANS," AND ARTICLE 7, SECTION 7.1.2.8 OF THE MIAMI 21 CODE, TITLED "AMENDMENTS TO MIAMI 21 CODE," TO CLARIFY REGULATIONS, STANDARDS, AND GUIDELINES, AS WELL AS ESTABLISH OUTREACH REQUIREMENTS; TO CLARIFY SPECIAL AREA PLAN PROCEDURES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record: Item PZ.14 was deferred to the February 28, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.14, please see "Order of the Day" and "Public Comment Period for Planning and Zoning Item(s)." END OF PLANNING AND ZONING ITEM(S) The meeting adjourned at 7: 46 p.m. City of Miami Page 94 Printed on 2/27/2019